중국 민사소송제도상의 재심절차 = Chinese Procedure for Civil Trial Supervision

다국어 초록 (Multilingual Abstract)

According to the sharply raising development of Chinese society, many new kinds of civil litigation have been emerging so the existing litigation system is not suitable for these new circumstances. Thus, a new and international civil litigation system is required to satisfy new demand. Civil litigation amended in 2007 extends the causes of retrial procedure from 5 to 13 provisions, which are largely divided by error on fact approval, error on legal approval and violation on procedure, and prescribes that retrial motion has to be brought by upper the people`s court and period of retrial judgement has to be done within 3 months. These new provisions of retrial procedure brought many epochal developments in many aspects however, many problems are still existing because retrial procedure is still brought by decision of the people`s court and appeal of the people`s procurator. This complex retrial structure encroaches disposition of party, violates neutrality principle of court and destructs equal status of party on trial by intervening of state power. Consequently, under this condition, it is hard to maintain legal stability. Therefore, civil litigation system suitable for chinese circumstances must be established by adopting foreign advanced legal system from now on. In other words, retrial motion of party is to be the only way to propose retrial and appeal of procurator is to be limited to the cases for the public and collective body. Furthermore, by canceling retrial decision of court, disposition of party should be respected and equal status should be guaranteed on civil litigation. In conclusion, the court of third instance being that of the last instance should be adopted to confirm authority of judgement and prevent unlimited retrial.