북한 민사소송법과 중국 민사소송법의 상호관련성에 관한 고찰

The Democratic People s Republic of Korea (DPRK; North Korea) enacted civ-il procedure law in 1976 and revised first in 1994, second in 2002. People s Republic of China (PRC) enacted civil procedure law in 1982 and amended first in 1991. The north Korea s 1994 and 2004 civil procedural reform acts have these characteristics; evasion of political phrases, accepting foreign law as a sort of source of law, revision of jurisdictional clause, affirmative manipulation of public procutor, going into the midst of the people at the trial procedure, independence of individual court, participation of the people as a layman judge and clauses for foreigners. These characteristics are on the whole common to the China s civil procedure and there has some correlationship between North Korea and China. Amazingly enough, China s civil procedure have much resemblances to Korean civil procedure. This resemblances are growing gradually at the case of North Korea and China s civil procedure amendments. When the time come to China s second amendment of civil procedure, this tentative menthod will be more usefal to analyze the correlationship between Northe Korea and China s civil procedure. South and North Korea s political leaders are all maintain civil procedure for the people as the slogan. But actually they did not so work hard as their slogan. China, south and north Korea have to exert to adopt other country s merits.