The Civil Litigation And Acceptance System Of China

Although the litigation situation in China has improved in recently years,the phenomenon that the common people's prosecution difficulty still exists in a big range. Though there are many factors,it mainly depends on the system of the unreasonable setting of china's prosecution,and causes many problems.Prosecution has a lot of litigation obstacles when the party institutes legal proceedings to the court.With several cases I experienced,this paper explores the problems of the prosecution and admissibility,and then analyzes the current situation the origination step by step,and then brings forward specific improving scheme.This paper is divided into four parts.The first part is about the current situation of China's civil prosecution and admissibility. The purpose lies in discovering the extant problems,to build the foundation of the feasible measures.Through the analysis,we know that the procedural justice of prosecution is very important for the party,especially in such society that the people's legal consciousness is gradually improving.If the design and utilization of procedure is reasonable,it is conducive to the realization of substantive justice,but the current system has lots of problems from the starts to enter the lawsuit.The second part analyzes the defection of China's prosecution and admissibility system.The purpose is to seek a better solution,to targeted bring forward some advice to improve the current system.The third part compares the foreign system of prosecution and admissibility.In order to draw lessons and transplant,this part compares the system of prosecution and admissibility of American,German and Japan.With comparing the main countries' system of the two law system,this part brings forward the proposal to improve China's system of prosecution and admissibility.In the light of the defection of China's civil prosecution and admissibility,the fourth part brings forward corresponding countermeasures.In order to improve China's civil prosecution and admissibility system,this paper gives five advices.Firstly,abolishes the system of examining and approving,builds the system of examining cases on the basis of registering on the form,stands the real meaning of separation trial from admissibility.Secondly,simplifies the elements of prosecution,to protect the party's right of relief.Thirdly,expands prosecution range of civil cases.Fourthly,expands the range of jurisdiction agreement.The above methods can change the current situation of prosecution.Because a system has its own history and reality background,so it needs many years to improve China's prosecution system,it can not be achieved overnight,it needs the joint efforts of all the people.The efforts include changing conception,recognizing shortage,and then improve.Only this way can improve China's prosecution and admissibility system,and then protect the people's rights and promote the process of constructing the rule by law.