| The broad sense of accreditation is that according to the statutory authority,the relevant government offices or social organizations can decide whether a man is responsible for a specific issue,such as the accreditation of Customs,Tax and Industry Associations.The narrow sense of accreditation means that the proceeding stage which the relevant government offices deal with several specific issues based on its official competence.Belonging to the narrow sense,the register system of court is a litigation activity according to the statutory authority,like judicial power and executive power,and legal procedures,which is considered as a necessary procedure in starting a lawsuit(including judicial procedure and executive procedure).As for a trial,the essential function of filing a case is starting a lawsuit.It's the beginning of the whole civil proceeding.Filing a case is that according to legal procedure,the court decides whether they accept it after examining the cases accused by prosecutors,and the demands raised by citizens,legal persons and other organizations,including prosecuting,appealing,and applying for a retrial.Based on different standards,the register system of court can be classified into different categories.Standing on the applicable procedures,the register system of court can be divided into criminal register,civil register and administrative register.According to various stage of proceeding,it can be divided into the register of the first instance,the register of the second instance,the register of trial supervision,and the register of execution.The article only discusses the register system which is relevant to the first instance,and centers on the system of prosecution and acceptance.Prof.Jiang have proposed establishing case-filing register system in our country in his book The Revised Draft Recommendation of Civil Proceeding Law in 2004,which has incurred much strong opposition from practice circle.It is not until the holding of the 18th session of the central committee of the communist party of China,which promulgates the central committee of the communist party of China's decision concerning important issues of comprehensively prompting rule of law that eventually our case-filing system has changed from case-filing review system to case-filing register system.Then the judicial interpretation of civil procedure law had taken effect in Feb 4th,2015,which marks formal implementation of case-filing register system within the field of civil litigation.On the surface,the issue seems solved.However under the condition that qualification of prosecution and case acceptance has not changed at all,can case-filing register system be successfully implemented?What is case-filing register system on earth?Why do we implement case-filing register system?What is the litigation principle behind it'?What is the concrete litigation process and model pertinent to case-filing register system?In order to answer these questions accurately,we still have to study systematically.The passage is comprised of seven parts,inclusive of introduction.Introduction:By demonstrating the transformation history of case-filing system and the controversies it invokes,this part will educe questions discussed later and confine research objects.The meanings and methods of the research and current situation will be introduced concurrently.Chapter One:General Introduction of Case-filing System of Civil Proceeding Law.By introducing civil proceeding's case-filing system's conception,functions and features,and showcasing general mode of case-filing around the globe,this part confines necessary scope for basic argument.Firstly,this part analyzes different viewpoints of academic circles and practice circles,indicating that the conception of case-filing may have varied implication.Secondly,by raveling out the relationship between prosecution,acceptance and case-filing,this part analyzes the function and feature of the first trial's case-filing system in China.Besides,this part states that the case-filing system discussed subsequently is all about the first trial's case-filing and is centering on prosecution and case acceptance.Lastly,by briefly introducing two general modes of case-filing register system from continental law system and common law system,this part will make a comparison between the case-filing system of our country and that of continental law system and common law system,thus drawing forth the research of case-filing system.Chapter Two:The Theory Basis of Case-filing System Selection.The selection and establishment of case-filing system should firstly lies upon scientific and reasonable litigation theory.Thence,this part will unfold argumentation from macroscopic,medium and microcosmic aspects.Firstly,from the angle of macroscopic aspect,the dynamic operation of civil proceeding is the gaming and balancing of party's litigation right and court's judging power.The design of case-filing system plays a significant role in the exertion of party's litigation right.To this end,this part expounds the relationship between prosecution right and litigation right and the right to ask for judgment.With analysis of the property and functions of prosecution right,this part points out that prosecution right remains a critical part of litigation right.Besides,prosecution right is the realization of judicative claim.Prosecution right exerts a conceptual direction function over selecting case-filing system.Secondly,from the angle of medium aspect,citizen files a lawsuit due to legal disputes.And justiciability of the case and court's jurisdiction over the judicial matters constitutes the substantial condition of civil proceeding.Hence,the definition of civil judicial power's function has direct bearing on which cases can be put into the range of civil trial.The passage untangles the relationship between theoretical basis of civil judicial power,justiciable scope of dispute and function scope of civil judicial power.Thirdly,from the microcosmic perspective,the specific design of case-filing system is,essentially speaking,the clarification of party's prosecution qualification,scope of trials and trial degree.According to general theory and practice within continental law system,case-filing system is how to define prosecution condition,and the condition of litigation and right protecting and also its influence over litigation process.To this end,this passage will expound what influences the condition of prosecution and that of litigation may exert over litigation.Chapter Three:The Comparison of Foreign Civil Proceeding Case-filing System.This chapter draws a comparison between civil proceeding case-filing system of common law system and that of continental system.While Britain and America are representatively selected within common law system countries,Germany and Japan serve as representatives within continental law system countries.This chapter separately introduces the above four countries' case-filing system from four aspects,inclusive of prosecution condition,prosecution method,court's trial over party's prosecution and the effectiveness of prosecution.Furthermore,based on the introduction,this part tries to reach a scientific conclusion and comparison.This passage considers that every country is guided by the concept of procedure fundamental right,no matter within common law system and continental law system.Also,every country's case-filing system sets a relatively low threshold of prosecution and acceptance and adopts formal examination standard.The finishing of their case-filing procedure lies upon the establishment of prosecution and reply.Comparatively speaking,in the matter of genealogy of law,continental law system which is represented by Germany and Japan possesses important reference significance to our country.Chapter Four:Empirical Analysis and Review of Current Civil Proceeding Case-filing System in China.The original intention that academic circle opposes case-filing review system and uphold case-filing register system is to solve the issue of case-filing difficulty.Therefore,in order to analyze civil proceeding case-filing empirically,we must firstly figure out why it is so hard to file a case.The issue of case-filing difficulty mainly happens in the stage of case-filing review.Thusly,the first section of this chapter is entitled The Issue of Case-filing Difficulty,which is centering on pragmatic analysis of case-filing review system.The section begins with dissection of all sides' standpoints concerning the issue of case-filing difficulty.After that,by providing data statistics and graph comparison and case categorization,this section demonstrates empirical research and analysis and discusses case-filing review standard exerted in judicial practice.Based on the discussion,this section will also point out different court's discrepancies of applying review standard of prosecution condition and unregulated operations.As the judicial interpretation of civil procedure law is promulgated in 2015,it is widely considered that our country has entered the age of case-filing register system.What is the effect of current case-filing register system?What is the difference between case-filing register system and case-filing review system?The above question forms the main part of the second section.The second section tries to conclude academic circle's assessment of current case-filing register system.To assure viewpoint's scientificity,this section also delivers author's personal data statistics and case categorization analysis.Furthermore,by comparing the article concerning prosecution and acceptance of civil procedure law and the Supreme Court's regulation concerning case-filing register system,this section reckons that there is no difference between current case-filing register system and preceding case-filing review system,under the premise that the condition of prosecution and acceptance,which is currently prescribed in civil proceeding law,hasn't changed at all.Why implementing case-filing register system is so hard in China?The third section renders detailed analysis concerning the issue of case-filing difficulty.The reasons may be listed as legislative aspect and judicial aspect.With regard to legislative aspect,this section reckons that current case-filing review system is nothing but the outgrowth of politician's legislation and conclusion of trial experience in planned economy.As a result,case-filing review system cannot keep up its pace with market economy.Moreover,absence of constitutional protection of prosecution right leads to absence of provision of prosecution right in civil proceeding law,thus elevating threshold of prosecution and acceptance.Lastly,current provision of prosecution condition does not conform to contemporary litigation legal principle,thus resulting in trial logic chaos.When referring to judicial aspect,the author considers that judicature is preferentially oriented towards substantive justice because judicature in our country is confined to the concept of substantial rule by law.Therefore,whether to accept a case must lies upon initial case review,which entails taking social influence and law influence into consideration.Court's power framework determines finiteness of judicial institution and judicial ability.Likewise,the finiteness of regulation scope of law and its function determines finiteness of judicature's solving disputes.The finiteness of judicature resource coerces the court to release their pressure and save judicature cost,aiming at controlling case acceptance.Furthermore,it is also because of the above finiteness that leads to 'case-filing discreetly' judicature policy.In addition,under the orientation of 'case-filing discreetly' judicature policy,the court legitimizes 'case-filing discreetly' via internal case-filing system and review standard.Lastly,by analyzing legislative aspect and judicial aspect,this passage reaches its conclusion that in order to solve the issue of case-filing difficulty,legislative problems must be primarily solved,thus elevating the status of prosecution right.Under the guidance of such basic concepts,we may design concrete institution in order to solve the issue of judicature chaos.Therefore,we may implement feasible case-filing register system with unified law application standard,which lowers prosecution threshold.Chapter Five:Case-filing System Innovation within the Field of Civil Procedure in China:Marching Toward Case-filing Register System.The first section primarily introduces two schemes about case-filing register system which are promoted by current academic circle.The author points out that it is undesirable to file a case merely after registering without any formal examination.Removing prosecution condition from that of litigation,and conducting formal examination over plaint in the stage of prosecution,these two features forms the case-filing register system that the author has devised.Comparing with case-filing review system,which is featured by overlapping reviews of litigation condition in both stages of case-filing and follow-up trial,the case-filing register system can be deemed as "unitary review system".Secondly,when devising an institution,not only its necessity should be considered,but also its feasibility.From the perspective of necessity,in order to build up authority of rule of law and interpret public value of judicature,case-filing register system is indispensable.Case-filing register system can not only respect and guarantee the achievement of clients' rights of action,but also facilitate generation of some new rights.It is favorable for the case-filing register system to achieve a balance between right assurance and procedural efficiency.Besides,case-filing register system conforms to the need of due process,and it is conducive to achieve procedural justice.From the perspective of feasibility,judicial conception has been constantly changing.Supreme People's Court emphasized that 'judicature is for the people,case is to be established and litigation is to be accepted.Supreme People's Court also underscores clarifying the perception of case facts and disputes.The judicial level is improving,and the thought of handling case-filing register system becomes more and more clear,and the trial experience of new-type case trials and group dispute case trials is accumulating.Moreover,depending on the sharing of trial resources,the quality and efficiency of trial have been greatly enhanced,hence helping solving the dilemma of "litigation explosion".As the development of market economy and the acceleration of rule of law process,citizen has become more civilized as well.All of these factors can provide a favorable condition and environment for the case-filing register system to be carried out.The second section points out that constitutionalizing litigation right and the establishment of prosecution right interpretation principle form macroscopic assurance of case-filing register system.Firstly,constitutionalizing litigation right means that prosecution right,the core of litigation right,are written into Constitution Law.In order to assure that prosecution right can be exerted in the practice,legislators should set some relevant duties for courts.These legal duties should be established as basic principle in civil procedural legislation,including principle of judicature's not refusing adjudication and principle of judicial finality.Moreover,some rules interpreting prosecution right should be established in order to guarantee the realization of prosecution right and prevent the judge from interpreting the duties wrongfully.The rules should also contain interpretation principle of litigation interest and interpretation principle of law sociology.The third section delivers concrete envision concerning case-filing register system,which is featured by unitary review system.The section firstly proposes that the basic theory of envision is litigation legal hierarchy assessment theory.Then concrete design principle of unitary reviewing system reformation is presented,inclusive of optimizing the power extent configuration between prosecution right and judging power and simplifying assessment standard concerning litigation establishment.Lastly,this section sets forward concrete envision of unitary reviewing system,encompassing plaint reviewing procedure,remedy and information procedure and plaint rebuttal procedure. |
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