Reform And Perfection On Civil Prosecution System Of China

Civil prosecution system is a important system in civil litigious system. prosecution is the first procedure for citizen to solve civil dispute. The aim of prosecution is to start. The litigious procedure and let citizen's legal right be protected by jurisdiction protection by court. But in practice, author think although civil procedure law prescripts conditions of prosecution and acceptation cases on file in court. It is too principle and not concrete, and it is not benefit for practical operation and also unreasonable problem of "Hard to prosecution" make legal right of litigants hard to be protected by law. This thesis is divided into three chapter. First, author analysis law theory in civil prosecution system and deems civil prosecution system offer a chance litigant's can approved to court and to solve disputes by law. Starting civil litigious procedure and litigant performs litigious right is a basic of citizen's right protection. Prosecution system is also the starting point of realizing the aim of civil litigious and the need of realizing procedure justice, and also the reflection of the principle of litigant subject .The property of existence of civil prosecution system is not only in theory and in law. The litigious right theory is one of the answer why litigants have litigious right. From our constitution law and civil entity law and other prescription, we can find the basis litigant perform litigious right. On the other hand, theory of benefit of litigious is the basis of prosecution system. Examine the benefit of litigious, will have effect on avoiding judge's power and litigant's right be improperly performed. Author also analysis present status and main problem. In the third chapter, author give some suggestions on perfecting the starting system in civil litigious and making case acceptation segment standard. Author hope this will perfect our civil litigious system, to protect the basic litigious right of litigant.