The Mode Of Civil Case-filing Censorship In China

The mode of civil case-filing censorship is a method which inspects the parties'files during civil filing a case. Although it is a link of the civil case-filing system, different types of censorship have great influence on whether a case access to the proceedings. In this sense, not only can the mode of civil case-filing censorship impact the whole Civil Procedure but also it might reflect the level of the rule of law and value pursuit trend in the country.The mode of civil case-filing censorship is divided into the form review mode, the composite review, the clerk review and the judge review mode by different standards. This paper is to make a general introduction about the value and function of the form review mode and the composite review mode.The composite review mode not only has misunderstanding in the theory but also cause various defects during operating process in China. On the one hand, the misunderstandings of the theory include misunderstanding in basic components of civil litigation, the meaning of civil right of action as well as misunderstanding in the relationship between jurisdiction and right of action. On the other hand, there are also defects in the practice, including case-filing censorship, which become the excuse that the court avoid the cases, the absence of remedy to the right of defendants and the repeat input of justices resource. Therefore, it is necessary to reform the mode of civil case-filing censorship in China. As different opinions were advanced by different scholars, this paper will mainly focus on making comments about two representative reform projects by discussing their positive significance and possible conflicts.In any reforms of system including the mode of civil case-filing censorship, we should establish the guiding idea which leads the reform advance avoiding losing direction. The reform in China should take achieving the purpose of civil litigation as its tenet, the combination between the theory of litigation and judicial practice as its principle, as well as the combination of abroad inspection and local inspection as method. With the guidance of above ideas, this paper analyzes the four relationships of the reform, including the relation among plaintiff's right of action, defendant's defensive rights, the jurisdiction, the relation of judicial final settlement principles, limited judicial settlement of disputes, the relation of effective use of judicial resources , protection to the right of action, and the coordination between independent stages of the proceedings as well as the whole proceedings. Based on the above analysis, this paper draws a conclusion that it is feasible to carry out the case-filing register project in China, whether it will be successful chiefly depends on the coordination of supporting systems. And the supporting systems mainly include establishing punitive mechanism to prevent overcharging, clearing the role of civil jurisdictions, realizing the independence of the judiciary, improving the quality of judicial officers, and perfecting the ADR.