论中国夫妻财产制的变迁及其动因

Hai-Shun JIANG 한국가족법학회 2011 가족법연구 Vol.25 No.2

中國의 登錄離婚立法의 發展 및 向後 課題

강해순(Hai-Shun JIANG) 한국가족법학회 2011 가족법연구 Vol.25 No.1

Since the People’s Republic of China was founded in 1949, ‘Marriage Law of the People’s Republic of China was promulgated twice in 1950 and 1980. ‘Amendment of Marriage Law of the People’s Republic of China‘ was promulgated to solve issues of divorce registration in 2001. From 1955 to 2003, the Chinese Ministry of Civil Affairs promulgated ‘Regulation of Marriage Registration’ and ‘Measures of Marriage Registration’ to formulate detailed requirements and procedures of divorce registration. Facing the increasing trend of Chinese divorce registration, the purposes of this study are to analyze the contents and characteristics of divorce legislationand to find future direction of revising Chinese legislation of divorce registration. The main contents of Chinese current divorce legislation are reflected in ‘Amendment of Marriage Law of the People’s Republic of China’ (2001) and ‘Regulation of Marriage Registration’(2003). The divorce registration office is civil affairs division of the people’s government above the county level or village (town). Divorce shall be granted if husband and wife both desire it. Both parties shall apply to the marriage registration office for divorce. The marriage registration office, after clearly establishing that divorce is desired by both parties and that appropriate arrangements have been made for the care of any children and the disposition of property, shall issue the divorce certificates. The divorce registration has the same validity as the divorce proceedings. Divorce registration can guarantee the freedom of divorce and reflects the situation that judgment can not resolve all of the divorce problems, but it also appears disadvantages like ‘disguised divorce’. There are limited rules of divorce like the spouse of a soldier in active military service desires a divorce, the wife who is pregnant or within one year after the birth of a child or within six months after pregnancy suspension, etc. However, the jurists think that Chinese divorce registration is too simple and lack of limited rules. In order to solve the problems of divorce registration, we have faced several challenges in the future. For instance, issuing unified divorce registration reasons and judicial divorce reasons, issuing the consideration period of divorce, establishing the invalid system of divorce registration, etc.

中國 夫婦財産制度의 變遷과 그 動因

강해순(Hai-Shun JIANG) 한국가족법학회 2011 가족법연구 Vol.25 No.2

중국 조선족 민족통혼 연구

강해순(Jiang, Hai-Shun)(姜海顺,) 한국가족법학회 2012 가족법연구 Vol.26 No.2

중국(中國)의 이혼입법(離婚立法)의 발전(發展) 및 향후(向後) 과제(課題)

강해순 ( Hai Shun Jiang ),김추 ( Qiu Jin ) 연세대학교 법학연구원 2007 法學硏究 Vol.17 No.3

中国收养制度的发展及其课题

강해순(Jiang Hai Shun)(姜海顺) 원광대학교 법학연구소 2017 圓光法學 Vol.33 No.2

Adoption system is a system through the legal procedures to make people who between the bloodless relationship to have fictitious blood relations. Chinese adoption system is embodied in the relevant provisions of the Adoption Law, which was enacted in 1991 and amended in 1998. Chinese Adoption system is different from other countries: the legal principles and their contents are focus on the protection of the interests of minors; the legislative model is a model of individual law independent of Family Law; the adoption type is only allowed full adoption of minors under 14 years of age; and strictly limited the age and number of children of the adopter. The main problems with the Chinese adoption system are that, the principle of maximizing the interests of minors is not fully embodied; the requirements of the adopter are too strict; the type of adoption is single; before the adoption, a certain period of adjustment does not given to the parties; and only a formal review is conducted at the time of registration. In the face of social reality of changes in the concept of family and the gradual reduction of the family population, the reform of the adoption system is the historical mission placed in front of us. For the legislative model of adoption system, it should get rid of the shackles of various factors and return to the Civil Law; it should reduce the age requirement of the adopter and removal of the regulations that adopter shall be free of children and only could adopt one child; it should introduced incomplete adoption system, which give full play of adopt that the dual functions of rearing and support ; it should set up a test-adoption system, and strengthen the review of adoption at the same time, so that make adoption system more comprehensive to meet the needs of the times and family development. 收养制度是本无血缘关系的人之间, 通过法定的程序形成拟制血亲关系的制度。中国的收养制度体现在1991年颁布, 经1998年修改的《收养法》的相关规定中。中国收养制度具有区别与其他国家的以下几个方面的特色:立法原则及其内容侧重于保护未成年儿童的利益;立法模式是独立于亲属法的单行法的模式;收养类型是只允许收养未满14周岁以下未成年人的完全收养;对收养人的年龄与子女人数进行了严格的限制。中国收养制度存在的主要问题是:未能完全体现未成年人利益最大化的原则;对收养人的要求过于苛刻;收养的类型单一;收养之前不给予当事人一定的磨合期;登记时只进行形式审查。面对家庭观念变化与家庭人口逐渐减少的社会现实, 改革收养制度是摆在我们面前的历史使命。在收养制度的立法模式上, 应摆脱各种因素的束缚, 将收养制度回归到《民法典》当中;降低收养人的年龄要求的同时取消收养人须无子女和只能收养一名子女的规定;引入不完全收养制度, 充分发挥收养所具有的“抚养”与“赡养”的双重功能;设立试收养制度的同时强化收养的审查力度, 使之成为是适应时代和家庭发展需求的更加完备的收养制度。

L-carnitine treatment attenuates renal tubulointerstitial fibrosis induced by unilateral ureteral obstruction

( Hai Yan Zhao ),( Hui Ying Li ),( Jian Jin ),( Ji Zhe Jin ),( Long Ye Zhang ),( Mei Ying Xuan ),( Xue Mei Jin ),( Yu Ji Jiang ),( Hai Lan Zheng ),( Ying Shun Jin ),( Yong Jie Jin ),( Bum Soon Choi ) 대한내과학회 2021 The Korean Journal of Internal Medicine Vol.36 No.0

Background/Aims: Accumulating evidence indicates that L-carnitine (LC) protects against multiorgan damage through its antioxidant properties and preservation of the mitochondria. Little information is available about the effects of LC on renal fibrosis. This study examined whether LC treatment would provide renoprotection in a rat model of unilateral ureteral obstruction (UUO) and in vitro. Methods: Sprague-Dawley rats that underwent UUO were treated daily with LC for 7 or 14 days. The influence of LC on renal injury caused by UUO was evaluated by histopathology, and analysis of gene expression, oxidative stress, mitochondrial function, programmed cell death, and phosphatidylinositol 3-kinase (PI3K)/ AKT/forkhead box protein O 1a (FoxO1a) signaling. In addition, H₂O₂-exposed human kidney cells (HK-2) were treated with LC. Results: LC treatment inhibited expression of proinflammatory and profibrotic cytokines, and was followed by a significant attenuation of tubulointerstitial inflammation and fibrosis. The increased oxidative stress caused by UUO was associated with mitochondrial dysfunction and excessive apoptosis and autophagy via PI3K/AKT/FoxO1a-dependent signaling, and this was abrogated by administration of LC. In H₂O₂-exposed HK-2 cells, LC decreased intracellular production of reactive oxygen species, and suppressed expression of profibrotic cytokines and reduced the number of apoptotic cells. Conclusions: LC protects against the progression of tubulointerstitial fibrosis in an obstructed kidney.

Oral Session : Symposium: Engineering and Technology for Human and Ecosystem Health ; Use of Remote Sensing Technologies and 137Cs Measurements to Estimate Soil Erosion Quantity in Semi-arid Steppe Ar

Zhan Jiang Sha,Hai Zhou Ma,Ling Qin Li,Qi Shun Fan 한국토양비료학회 2009 국제학술대회집 Vol.2009 No.0

中国收养制度的发展及其课题

강해순(姜海顺,)(Jiang Hai Shun) 원광대학교 법학연구소 2017 圓光法學 Vol.33 No.2

收养制度是本无血缘关系的人之间,通过法定的程序形成拟制血亲关系的制度。中国的收养制度体现在1991年颁布,经1998年修改的《收养法》的相关规定中。中国收养制度具有区别与其他国家的以下几个方面的特色:立法原则及其内容侧重于保护未成年儿童的利益;立法模式是独立于亲属法的单行法的模式;收养类型是只允许收养未满14周岁以下未成年人的完全收养;对收养人的年龄与子女人数进行了严格的限制。中国收养制度存在的主要问题是:未能完全体现未成年人利益最大化的原则;对收养人的要求过于苛刻;收养的类型单一;收养之前不给予当事人一定的磨合期;登记时只进行形式审查。面对家庭观念变化与家庭人口逐渐减少的社会现实,改革收养制度是摆在我们面前的历史使命。在收养制度的立法模式上,应摆脱各种因素的束缚,将收养制度回归到《民法典》当中;降低收养人的年龄要求的同时取消收养人须无子女和只能收养一名子女的规定;引入不完全收养制度,充分发挥收养所具有的“抚养”与“赡养”的双重功能;设立试收养制度的同时强化收养的审查力度,使之成为是适应时代和家庭发展需求的更加完备的收养制度。 Adoption system is a system through the legal procedures to make people who between the bloodless relationship to have fictitious blood relations. Chinese adoption system is embodied in the relevant provisions of the Adoption Law, which was enacted in 1991 and amended in 1998. Chinese Adoption system is different from other countries: the legal principles and their contents are focus on the protection of the interests of minors; the legislative model is a model of individual law independent of Family Law; the adoption type is only allowed full adoption of minors under 14 years of age; and strictly limited the age and number of children of the adopter. The main problems with the Chinese adoption system are that, the principle of maximizing the interests of minors is not fully embodied; the requirements of the adopter are too strict; the type of adoption is single; before the adoption, a certain period of adjustment does not given to the parties; and only a formal review is conducted at the time of registration. In the face of social reality of changes in the concept of family and the gradual reduction of the family population, the reform of the adoption system is the historical mission placed in front of us. For the legislative model of adoption system, it should get rid of the shackles of various factors and return to the Civil Law; it should reduce the age requirement of the adopter and removal of the regulations that adopter shall be free of children and only could adopt one child; it should introduced incomplete adoption system, which give full play of adopt that the dual functions of rearing and support ; it should set up a test-adoption system, and strengthen the review of adoption at the same time, so that make adoption system more comprehensive to meet the needs of the times and family development.

Synergistic Effects of Leflunomide and Benazepril in Streptozotocin-Induced Diabetic Nephropathy

Jin, Hua,Piao, Shang Guo,Jin, Ji Zhe,Jin, Ying Shun,Cui, Zhen Hua,Jin, Hai Feng,Zheng, Hai Lan,Li, Jin Ji,Jiang, Yu Ji,Yang, Chul Woo,Li, Can S.Karger 2014 The Nephron Journals Vol.126 No.3

<P>Abstract</P><P><B><I>Background:</I></B> Leflunomide (LEF) and benazepril have renoprotective effects on diabetic nephropathy (DN) through their anti-inflammatory and anti-fibrotic activities. This study investigated whether combined treatment using LEF and benazepril affords superior protection compared with the respective monotherapies. <B><I>Methods:</I></B> Diabetes was induced with streptozotocin (STZ, 65 mg/kg) by intraperitoneal injection in male Wistar rats. Two weeks after STZ injection, diabetic rats were treated daily for 12 weeks with LEF (10 mg/kg), benazepril (10 mg/kg), or a combination of both. Basic parameters (body weight, fasting blood glucose level, and 24 h urinary protein excretion), histopathology, inflammatory [inflammatory cell infiltration (ED-1), monocyte chemoattractant protein-1 (MCP-1), and Toll-like receptor-2 (TLR-2)] and glomerulosclerotic factors [transforming growth factor-β<SUB>1</SUB> (TGF-β<SUB>1</SUB>) and connective tissue growth factor (CTGF)], and oxidative stress (8-hydroxy-2'-deoxyguanosine, 8-OHdG) were studied. <B><I>Results:</I></B> Benazepril or LEF treatment significantly prevented body weight loss and 24 h urinary protein excretion induced by diabetes; combined treatment with LEF and benazepril further improved these parameters compared with giving each drug alone (all p < 0.01). Increased expression of inflammatory (MCP-1 and TLR-2) and glomerulosclerotic (TGF-β<SUB>1</SUB> and CTGF) factors in diabetic rat kidney was reduced by treatment with either LEF or benazepril and was further reduced by the combined administration of the two drugs (p < 0.01). These effects were accompanied by suppression of urinary 8-OHdG excretion. There was no significant between-group difference in blood glucose level. <B><I>Conclusions:</I></B> LEF treatment lessens DN, and combined treatment with LEF and benazepril provides synergistic effects in preventing DN.</P><P>© 2014 S. Karger AG, Basel</P>