중국 민사소송제도의 특색과 중재절차에서의 임시적 처분 및 중재판정의 집행

• 영문명: Characteristics of the Chinese Civil Procedure System and Enforcement of Interim Measures in Arbitration and Arbitration Awards in China
• 발행기관: 한국중재학회
• 저자명: 전우정(Woo-jung JON)
• 간행물 정보: 『중재연구』 제29권 제2호, 161~199쪽, 전체 39쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2019.05.30

영문 초록

As international trades between Korea and China increase, the number of civil disputes also increases. The civil dispute settlement system and the court system in China are distinctive from those of Korea. China has its own court systems which are characterized by the Chinese Communist System. Due to the influence of the decentralized local autonomy tradition, the case laws of each Province in China are not unified throughout the China. This is partly because only two instances are provided in China, and the parties cannot appeal to the Supreme People s Court of China unless there is a special reason. In Korea,hree instances are provided and parties can appeal to the Supreme Court if a party so chooses. In addition, there are many differences in the judicial environment of China compared to Korea. Therefore, if there is a dispute between a Korean party and a Chinese party, arbitration is recommended rather than court litigation. This article examines the points to be considered for interim measures in China during arbitration. Where the seat of arbitration is Korea, interim measures cannot be taken by the order of the Chinese court in the middle of or before arbitration procedures. On the other hand, it is possible to take interim measures through the Chinese court in the middle of or before the arbitration procedure in China or Hong Kong. It also reviews the points to be noted in case of the enforcement of arbitration awards in China where permission from the upper Court is required to revoke or to deny the recognition or enforcement of a foreign-related or foreign arbitration award.

목차

Ⅰ. 서 론

Ⅱ. 중국의 민사소송제도와 중국 법원의 특색

Ⅲ. 중국에서의 중재

Ⅳ. 중재절차에서의 임시적 처분

Ⅴ. 중재판정의 중국에서의 승인 및 집행

ⅥI. 결 론

참고문헌

Abstract

키워드

중국 법원 중국 민사소송절차 중국에서의 중재 중재판정의 집행 임시적 처분 court system of China civil procedure of China arbitration in China enforcement of arbitration award interim measure