On The Protection For The Civil Right To Institute A Suit

No remedies, No rights. Correspondently, "No rights" is also caused by "No access to remedies". When a series of basic rights and concrete rights a right of citizens are prejudiced or in question with some body which can't be protected and remedied in time justly, the establishment of these rights is in vain and could not be called right. In this meaning, the right to start a legal proceeding is a precondition for the protection for other rights, which makes natural rights the extension and current legal protection for citizens. As far as the civil proceeding is concerned, the parties exercise their right to institute an action, which makes the base and precondition for the courts to start a proceeding and exercise the jurisdiction, the parties' right to institute an action has a determining effect on the beginning of the civil proceeding. The protection for the parties' rights to start a suit and transfer of the right to start a suit to the extensive people plays a very important role in running the proceeding reasonably, protecting the legitimate civil rights and interests of parties, promoting the forming of protection mechanism for social rights and the construction of law-ruled country.Under the impact of the campaign called "Access to Justice" abroad, there have been also jurists in China who discuss the problems such as how to reform the system of civil proceeding and the proceeding and means of trial, with a view to protecting the parties' access to justice. However, the special, systemic and embedded study on the protection for the parties' right to institute a suit involved in the right subject to judicial trial is insufficient. In China, the phenomena of prejudicing the right to institute an action exists extensively both on the layers of criterions and judicial practice. In this dissertation, based on the analysis on the theory of protecting the civil right to institute a suit, the writer has tried his best to point out the insufficient of the protection mechanism for the scope within which a suit could be brought and the complaint and acceptance system, and to offer the means and measures of its reform in respect of the scope expanded and of the complaint and acceptance system, with view to offering the career of the right to access to justice a good train of thought.