제2차 개정 중국민사소송법에 관한 소고

Abstract

China Civil Procedural Law was adopted in 1991 and underwent its first amendment in 2007. But the 2007 amendment was left insufficient because it had only focused on trial supervision and executive procedure. In this background, the legislature of China carried out the second Amendment on August 31, 2012 and made a considerable modification compared to the first amendment. The second amendment introduced new provisions including principle of good faith, public interest litigation, small claims, a third party’s right to cancel an unfair action, injunction, releasing court decisions to the public, the procedure of confirming intermediation agreement and security right exercise. Meanwhile, there are also modifications to regulations on jurisdiction, evidence, summary procedure, special procedure, trial supervision procedure, executive procedure and foreign litigations. In this article, we will learn the contents of above amendments, among which 10 significant modifications will be particularly explained in details and compared to the Korean counterparts. By such a comparative research, we try to give an estimation of the achievements of the 2012 amendment and point out the problems that need to be improved in the future.