The Reconstruction Of Legal System Of Rejecting An Action

According to the civil procedural law, to reject an action is to ignore the filed lawsuit that is not satisfied with the lawful condition. The right of action is litigant' s principal legal right, therefore, it must be based on definite statute to deny the right of action. However, the rules of rejecting an action based on the present civil procedural law is lack of details and integrality so that it is not operational in judicial practice. Along with these, the too much internal regulations made by individual court as well as the over emphasis on the rate of ending cases result in many malpractices in judicial practice, such as to abuse the right of action, to reject the action which should be accepted with various reasons etc. At the time being, it has become a serious social problem that damages the judicial authority and public confidence. This article seeks to build a justified legal system of rejecting an action from both theoretical and practical views.The article is composed of three chapters, which are the raising of questions, regress of system--analysis of legal theories as well as the response of demonstration --reconstruction of the system.The first chapter enumerates the present massive situation about the system of rejecting an action in judicial practice, and also analyses various causes of formation.The second chapter focuses on the theoretical analysis of conception, function and legal factors of the system of rejecting an action.The third chapter discusses how to construct the system of rejecting an action, which includes the regress of theoretical basis, the maturity of legislation and the unification of practice.For the time being, the public is getting to pay more and more attention on the protection of legal rights, furthermore, because of the multiplicity, the complexity and the comprehensives rising from conflicts among various rights, it is necessary to provide a place and to make rules for the settlement of disputes, which is the mechanism of social contradiction resolution. To bring an action as the most authoritative way to settle the dispute is the last defense of the social justice. Therefore, the public' s attention on the civil procedural rules is upgraded to the expectation of settlement of social issues and its effectiveness. Aiming at the difficulties of bring an action, it is necessary to examine the current legal system of rejecting the action, and to set up one which accords with the modern law ideal in order to standardize the judicial power and to protect litigant' s right of action.