Study Of The Reforming The Stystem Of Handling And Accepting Chinese Civil Complaints

The stystem of handling and accepting chinese civil complaints was an important part of the system of civil action, which lay foundation for civil procedure law.Lodging a civil complaint was the precondition of civil procedure. The purpose of civil procedure lodged by a client was to protect their legitimate interests.The system of handling and accepting chinese civil complaints was still obviously unreasonable and inharmonious: there was a high threshold in handling a case, and the operation had been controlled by relevant authority. In that case, many civil disputes failed to be handled on court.Based on laws and regulations in other nations and the real legislation in China, the author focused on the values of the system of handling civil cases, and accounted concept of better system of handling and accepting chinese civil complaints.There are four parts in the essay:Firstly, general introduction of the system of handling and accepting civil complaints including basic concept of the system of handling and accepting civil complaints, its basic meaning and its values.Secondly, comparison of the system of handling and accepting civil complaints in different nations such as the United States of American, the United Kingdom, German and Japan. The author summarized the premise of handling a civil complaint in the foreign nations above mentioned and their values in relevant systems.Thirdly, the current research on theories of the system of handling and accepting civil complaint and operation of jurisdiction in China.In this part, the author introduced research results of theory of the system of handling civil case in China and pointed out the shortcomings in those research results and explained the reasons why there were so many research results could not be put into effect. Then, the author stated the main content and features of the system of handling and accepting civil case in China.The toughest problems in handling a civil complaint in China were that it was difficult for the client to lodge a civil complaint and the threshold of lodging a civil complaint.Analyzing essentials of complaint in civil law of China, the author indicated shortcomings in three aspects:limited handling range of a complaint, harsh stipulation in essentials of a complaint and problems existing in placing a case on file for investigation and prosecution.The author emphasized the imbalance between values of the system of handling civil case of China.Fourthly, restructuring of the stystem of handling and accepting chinese civil complaints. Restricting of the system of handling civil case of China needed the relevant theories on the system of handling civil complaints and review on choice of interests in civil action as well as strengthening the consciousness of rightful procedure. Besides, it also required the principle of combination of theory and reality. The starting point was the development of society. The author stated and analyzed the basic theory of the system of handling civil case of China and its ways. Then, he summarized intersection of the plausible premise of lodging a complaint and real situation on court on the basis of the principle of combination of theory and reality. On basis of this, he suggested how to restructure the system of handling and accepting civil complaints.