한국과 중국의 민사소송제도

• 영문명: Civil Procedure between Korea and China -Focus on the comparison of the pleading procedure-
• 발행기관: 충북대학교 법학연구소
• 저자명: 우세나(Woo Se Na)
• 간행물 정보: 『법학연구』第25卷 第2號, 147~171쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.31

영문 초록

I think the study of "the comparison of civil procedure between Korea and China" is meaningful work in these circumstances. There is a lot of commercial trades between Korean and Chinese companies and people, which generates increasing litigations. In Chinese courts, the role of judges and prosecutors is bigger than parties in some cases and the power of the nation influences parties more than in democratic nations. But Chinese people trade with foreign companies and capital, so they need to improve their civil procedure closer to capitalism and democracy although their culture and the national character is communist. China civil procedure was established in 1991 and amended twice in 2007, 2012. China is a communist and capitalist nation, so there are big differences between china and other democratic and capitalist nations. The adversary system, pleading procedure, principle of disposition are considered very important in Korea civil procedure. Through these principles Korea court gives parties more freedom than compulsion and gives parties rights to select from filing a lawsuit to conclusion of an action. In Korea court, the legal procedure is guaranteed strictly so parties are protected from unexpected verdicts that they don't assert and protest in their cases. In China, recent amended civil procedure regulate the principle of good faith and makes the submission obligation of evidence, jurisdiction, mediation precedence system etc. This amendment receive a favorable evaluation because they make the amended civil procedure appropriate to the stream of times. But China makes the supervisory authority of prosecution strongly also in this amended civil procedure. This is particularly pertinent in the transitional period where China will have to get used to the new ways of the regulations of the democratic and capitalistic nations very quickly. In Korea, parties file their suit three times and they can't act for renewal of procedure except particular cases and only parties can act for their renewal of procedure written on the Korea civil procedure. But In China, parties file their suit two times and especially judges and prosecutors can act for parties renewal of procedure, irrespective of parties minds. And in recent amended civil procedure, Supreme people's court and Supreme people's Prosecutor have their authorities to interpose parties civil execution procedure through their judical analysis. In China, the power of prosecutors and judges let us know the reality of china. Apart from political reason, China is the multiethnic state and have wide territory, there are difficulties to operate legal system, so China judges and prosecutors say they have to find the substantial truth of parties themselves. Through anaysis of the comparison of two nations, I am going to get hint points. For that purpose, I studied the comparison of civil procedure between Korea and China and researched focused on the pleading principle including other procedure and the meaning and improvements of China regulation.

목차

Ⅰ. 들어가며

Ⅱ. 한국과 중국 민사소송법의 큰 차이점

Ⅲ. 한국과 중국의 소송절차 비교

Ⅳ. 결론

참고문헌

키워드

변론절차 관할 중국 재심절차 처분권주의 변론주의 pleading procedure jurisdiction China renewal procedure retrial principle of disposition pleading principle