韩国与中国民事再审程序比较研究

Abstract

Most states’ legislation has the provision that civil retrial procedure is a ‘special way’ to confirm the judgment of retrial procedure. Based on the capitalist market economy, Korea’s civil procedure law has published and implemented since 1940s, the provision of the retrial procedure comparatively is perfect. Korea’s retrial procedure guarantees the right of appeal and respects the disposition doctrine. Thus stipulate the parties start the program through the retrial procedure. Different from Korea, China’s civil procedural law has the socialism characteristic of ‘state intervention and inquisitorial system’ and also it takes objective and true as the ultimate value. So it not only ignores the res judicata but also takes little count of the retrial. China’s civil procedural law cannot be normal through the above phenomenon, there are many problems requiring improved. Korea’s civil procedure has many points which are value to be referenced by China. While due to the fact of the difference of social and economy environment between China and Korea, we should take China’s current situation as reference appropriately to improve China’s civil retrial procedure.