중국 민사소송에서의 검찰감독방식에 관한 소고

Abstract

Civil prosecutorial supervision against civil lawsuits is one of the most important features of Chinese Civil Procedure Code. Since the supervisory authority of civil prosecutors in civil trials was first established in the temporary Civil Procedure Code in 1982, the civil prosecutory supervising system has been consistently improved in China. Chinese Civil Procedure Code, which was enacted in 1991 and revised in 2007 and 2012 respectively, defines civil prosecutorial supervision as an important legal system. Until the Civil Procedure Code was revised in 2012, ‘appeal’ was the only way for civil prosecutors to exercise their supervisory power. Since the second revision of Civil Procedure Code in 2012, however, a new legal system called ‘prosecutorial suggestion’ has been added to the civil prosecutorial supervision system. This new system aimed to improve the existing supervising system only relying on appeal suits, and was established on the basis of legal work experience of many years. As a result, breaking away from the one-way supervision, Chinese civil prosecutors began to use two supervising systems; that is, appeal and prosecutorial suggestion, and civil prosecutorial supervision entered a new phase in China. This paper investigates Chinese civil prosecutorial supervising system in terms of supervision methodology. First of all, we examine why civil prosecutorial supervision has been reinforced in China, and take a look at the changing process of it. Second, we analyze in detail the two civil prosecutorial supervising systems(i.e. appeal and prosecutorial suggestion). Finally, we evaluate the two systems and propose some implications of them.