중국에 대한 우리나라의 법제교류지원 현황과 과제

Abstract

Legislative inter-change aids tend to focus on reformation support for legislative system in the field of development aid. The ‘Law and Development Movement’ was promoted in the United States in 1960s to backup the Western modern legislative system for developing countries while highlighting the importance of law for the market economy and the democracy toward third countries by the theory of modernization. It is no exaggeration to say that foreign government’s legislative inter-change aids toward China started out from the policy for reforming and opening of China. During past 30 years China has been carrying out the innovation and opening policy, and the established legislative system for market economics was the most needed due to the process of conversion into a socialistic market economic system. And the Western developed countries’legislative inter-change aids built up through their legislating history not only contributed establishing China’s legislative system, but also played an important role for China to be less burdened by financial problems caused by learning how to legislate the economic-related laws that are needed in reforming its market economic system by providing material and physical supports. In Korea, we use various terminologies for projects of Legislative inter-change aids and they transform diversely depending on the character of the agency and any unified theories about project’s specific objects, methods, and ideologies to back up the projects are not yet settled because of its low necessity and recognition, so we could say it is still in the primary stage. Also it is not carried out through synthetic systems such as ODA, but recently operated in several government or research bodies, or law firms. It is necessary to consider the following contents about Korea’s legislative inter-change aids toward China. (1) Its rather passive attitude comparing to the economic exchanges, (2) The fact that it is considered to be a ‘Legislative inter-change supporting country’, not the ‘Legislative inter-change cooperating country’, (3) Necessity of understanding the Chinese people’s consciousness for their law and building trust with them. (4) Establishing organized and long-range plans and taking shares of duties through inter-cooperating between legislative bodies, (5) Transmitting the experience of executing the law that has superiority while selected and concentrated supporting is performed for legislation of such specific field, (6) Examining Korea’s historical proceedings of legislating, (7) Emphasizing the importance of educating in order to bring up the professionals for legislation field of China.