earticle

영어

Investment towards the North Korea involves three basic issues, one is whether have the possibility of investment or not, the second is how about the investment conditions and safeguards, the last one is if there has a fair and effective judicial protection program. Inspecting domestic law of China and the North Korea through the treaties they have signed. There are laws to follow to resolve investment and trade dispute by means of mediation, arbitration, litigation, and civil judicial assistance. But in essence, no matter legislation, mutual legal assistance agreements or summit system between China and the North Korea has not been able to play its due role in resolving investment and trade dispute and it lacks of effectiveness. It should be said that it is difficult to resolve investment and trade dispute and it's direct reason is lacking of effectiveness, however, trade dispute settlement mechanism of judicial cooperation between China and the North Korea not yet being established is deep reason. It should be based on current situation and then to explore feasible and effective investment and trade dispute settlement mechanism from now on. We can take the following aspects into consideration, such as improving the investment and trade protection law, providing positive legal assistance to the North Korea to make it’s legal system connect with international, standards, introducing non-litigation mediation mechanisms, so that we can provide tangible legal protection for investment trader.

중국어

对朝投资基本涉及到三个问题，一是有无投资的可能性、二是投资条件及保障措施如何、有无公正有效的司法保护程序。无论从中朝两国的国内法还是从两国签订的条约来看，通过调解、仲裁、诉讼解决投资贸易纠纷、民事司法协助都是有法可依的。但从实质上看中朝双方的立法、司法互助协定和领导人会晤制度，并没有能够在解决中朝贸易纠纷方面发挥其应有的作用。现有的纠纷解决途径缺乏实效性是投资贸易纠纷解决难的直接原因，中朝两国贸易纠纷解决司法协作机制尚未建立则是其深层原因。今后应立足于中朝投资贸易纠纷现状，探讨可行有效的投资贸易纠纷解决机制。可从投资贸易保护法制的进一步完善；对朝鲜进行积极的法律援助使朝鲜法制与国际接轨；导入非讼调解解决机制等几个方面考虑，给投资贸易者以切实的法律保护。