Study On The Scope Of Accepted Cases In Civil Action In China

About our country civil action document scope research, regardless of being the theorists or the practical realm, the scholar rarely has conduct the special study, what the educational world are more is studies our country civil action from the civil action manager system's angle scope, the scholar rarely has decided on from our country civil procedure law third laws, studies our country civil action the document scope legislative flaw and the practice question. The theorists research also has many spaces, what are more is research civil manager's macroscopic, stressed that the idea the transformation, abolishes the authority standard, sets up the litigant principle, lacks the concrete support from the microscopic stratification plane to its construction. Based on our country civil action the document scope existence's legislative flaw and the practice question, this article based on this studies and proposed that the consummation civil action the document scope's rationale and the concrete consummation's plan, has to the fundamental research and the judicial practice the little positive significance. This article altogether divides into four parts:The first part: To our country civil action the document scope system present situation's inspection, is mainly to our country civil action the document scope legislative flaw, the practice survey and the practice question analysis and the research, through the third stipulation carries on the explanation to "Civil procedure law", draws out question which and reason analysis it exists in reality.The second part: The discussion consummates our country civil action the document scope system's rationale, the deep research civil action the document scope system's theory support, is launched regarding the civil action theory of basis the document scope expansion from five big aspects, will involve the civil substantive law and the civil procedure law relations, the civil action system goal, the constitution potency and the civil action the document scope expansion, the civil subject status and the civil action is expanded, the civil right of suit the document scope and the civil action the document scope expansion and so on five aspects.The third part: The civil action is carried on to the territory outside the document scope related system the research, and is carried on with our country civil action the document scope system the analysis to compare, inquired about that our country consummates the civil action to be possible to use for reference the document scope system the road. The fourth part: Consummates our country civil action the document scope system's concrete conception, including consummates our country civil action the basic idea which must set up the document scope, and in the legislation must follow how in does the principle and the concrete legislation consummate our country civil action the document scope suggestion.