| 英文摘要 |
The Civil Procedure Code of Japan and Taiwan has gone through significant reforms in the year 1998 and 2003. Both nations reduce the probability for the supreme court to accept appeals during the reform, and at the same time introduce“discretionary review”and“final appeal acceptance system”in to the Civil Procedure Code. Up until now, due to the fact that the supreme court in Japan is still reversing judgements on its own initiative, the supreme court has yet to exercise its discretion and categorize cases, making the new system still bear continuity with the old one. As for Taiwan, alongside the requirements of the discretionary review, the principle in which the supreme court is not bound by the specific basis of appeal that the litigant asserted has already been restrained. As a result, the new statutes in Taiwanese code can not necessarily be interpreted and carried out the same way as their counterparts in Japanese code. After all, the top priority of legal practice is never the union of statutes, but rather the pursuit of accuracy of judgement and the protection of people’s right to seek legal recourse. |
