중국 민사검찰제도에 관한 소고

Abstract

Since its foundation in 1949, China has established a socialist-style civil prosecutorial supervision system through a fundamental revision of the former Soviet Union’s legal system. This system was aimed specifically at the nation’s full control over civil procedure and was focussed on the nation’s legal supervisory power. However, as the prosecution lost its function by reason of political circumstances, it was abolished in 1957. Since its economic reform in 1978, China has begun to reestablish its civil prosecutorial supervising system along with the restoration of the prosecutory authorities. China’s current system is still regarded as a socialism-based system which places greater priority on the nation’s legal supervision over civil procedure. But it is also considered a distinctive Chinese-style system which basically respects both the principle of private autonomy and the principle of party autonomy of the court and which uses two separate ways of prosecutorial supervision: ‘appeal’ and ‘prosecutorial suggestion.’The main purpose of this paper is to examine Chinese civil prosecutorial supervision system. First, we investigate how the system has been not only changed but also legislated since the foundation in 1949. Second, we analyze the main features of the system into seven categories. Finally, we evaluate the system carefully and then attempt to predict its future prospect.