Study On Register System Of The Civil Law

As the first step of civil case action, register of civil law have great effects on the course and action participators. There are great difficulties when bringing an action, because of the questions existing in the register system of civil law, especially strict threshold condition. The strict threshold condition has disadvantages to participator's rights. Presently, investigation for putting on regard has been presented in the civil action system in China. In order to modify Chinese register system of civil law, the threshold condition in the civil procedure law must be reformed. In the paper, the existed theory's shortage and realistic questions were firstly analyzed, and then the reformed schemes were presented, based on comparison and study of the professor's advices.This paper can be divided into six parts.The part of preface: Based on the amendment's background of'Civil Procedure Law'and different standpoints to civil action system reform, the paper indicates the necessity and urgency of the study on civil action system reform.The second part is the background of register system of civil law. This chapter describes the definition of register of civil law, and relationship between register system of civil law and the threshold condition. The comparison of definitions between'Civil Procedure Law'threshold condition and Supreme Court Judicial Explanation has been presented in this chapter.The third part analyzes current definition's shortcomings and appraisals. This chapter clarifies the drawbacks between conditions of prosecution and elements of the proceeding in register system of civil law, the imbalance between court jurisdiction and party right of appeal, and the inadequacy in civil register judge, on the ground of expounding of conditions of prosecution and elements of the proceeding's theory, decision and ruling theory, and so on. In addition, this part formulates the current legislative principle and whether existing difficult to prosecution and other problems.The fourth part introduces some discussions and comments when reforming the civil action system. The chapter mainly presents the register booking system mentioned by Prof. Jiang Wei in civil procedure law amendment, and the discussions about the amendment between theoreticians and participators. The register booking system's essentials and practicability are analyzed based on the introduction of register booking system in American, and the facts of China. In addition, the paper evaluates the representative standpoint held by Presiding Judge Jiang Qibo in the Supreme Court.The fifth part describes the reform of register system of civil law in China. The author insists on the system of investigation for putting on regard, following the example of the China mainland register system of civil law and combining with realistic judicial state. Yet it is time to amend the current conditions of prosecution, that the checkup standard in register checkup system. In the proceeding of emending, the main reform scheme includes the definition of participator, behalf of suitor and evidence request, and so on. Some suggestions are brought forward to perfect the suitor benefit and the function division between register court and judge court.The last part pays more attention to the necessity of register system. The future of the following reforming schemes is forecasted.