On The Register Booking System Of Civil Procedure In China

First, this paper illustrate the history about register case and its change in court in China. Second, it describe the condition and practice of register case, then ,the author analyse it practice and point out its practice is the opposite way to the principle of the rule of law. All the analysis is based on this discussion.This paper contained more than 30,000 words. The main body is composed of preface, main body, and the concret parts conclude six parts ,as following.The preface introduces the study,reality and some problems on the systems of registering case in pre-trial.This part describes the history,theory,practical actions about the systems of registering case in pre-trial. These questions show the train of the author's thought and the principal theory.The first part focuses on the legislation, judicial policy in history in our country.Through this description is to clarify the evolution of the path of the system of registering case in pre-trial, you can discover how to understand the opinion of judiciary departments. This presentation is one of the foundations of this paper, only the changes as a whole in our country, there is a grasp of the whole.It is only possible through the theoretical analysis of the system build process to grasp the success or failure experience.The second part is mainly placed on the systems of registering case in pre-trial from an academic analysis of the legal system involved, namely the right to sue theory,the right to appeal theory, the object of claim theory. This article discusses the basis of the second placed on file system.It is only through discussion of relevant theoretical clear and only after the experience of the system ,and we may compare the advantages and disadvantages of objective and appropriate analysis, then, for the improvement of the system to express their views that have the legitimacy of resources.The third part is placed on the systems of registering case in pre-trial, through the relevant legislation, judicial practice and placed on its system, involving a theoretical phenomen , causes and conditions of the existing system operation carried out theoretical analysis,from which was found placed on file system problems.However,the concret departments can not give a reasonable solution about these issues,and even their concept is contrary to the rule of law.On the contrary,we should be based on the rule of law and its philosophy in order to find the direction of institutional change.The fourth part is sorted out by the analysis above, because we must take into account the rule of law and its philosophy through the social needs concering the change of the systems of registering case in pre-trial.The changes can not be revived entirely from the perspective of a"stop-gap measure.In addition,we should make the cases of simplified triage and make achieve institutional reform,in order to get more scientific,reasonable and efficient.This kind of division mechanism includes not only the proceedings within the shunt mechanism is also involved in litigation outside the social assistance mechanism for change.