Making The Registration System Perfect

Ruling the country by law is a key link in our country’s socialist core values, and justice, as the last line of defense of resolving disputes, often can absorb and resolve disputes at its most extent, thus it is often used as the benchmark when measuring a country’s level of judiciary and legal system. However, civil registration system is closely related to whether citizens can effectively utilize judicial remedy to protect their rights of appeal. China’s new round of judicial reform advocates registration system which shows that the legislator has already recognized the increasingly prominent issues caused by "difficulty in registration". Nonetheless the system did not make synchronous adjustment during the initial stage of the reform and opening up which lead to institutional contradictions and theoretical deficiency during the case filling procedures.This thesis is an initial attempt to study registration system, while analyzing various factors which influencing the registration system. By linking theory with practice, this thesis can be divided in four chapters which put forward certain improvement suggestions. Chapter One conducts a theoretical analysis towards registration system. The author carries on a study of the legal connotation of the registration and elaborates the definition of registration and its discrimination with case acceptance and case review. Based on the research of the theory of litigation right, proper party and benefit of litigation, this thesis proposes its theoretical improvement on registration system.Chapter Two exhibits the recognition errors and problems existing in registration system. Due to misunderstanding of registration system in our country, we possess a stark contrast with western developed countries with rule of law and ours in registration system. In the first part, the author expounds the reasons for the misunderstanding in registration system. And in the second part, the author points out a series of issues existing in the implementation of registration system in order to perfect the issued mentioned above.Chapter Three is a evaluation and reference of registration system in representative nations. Under the evaluation of registration in Germany and Japan which belong to continental law system and registration in Britain and United States which belong to Anglo American law system, the author makes a comparison of ours registration system with theirs on the basis of above and summarizes the experience for the perfection in our registration system so as to make reference. Chapter Four discusses the perfection of our registration system. On account of fundamental concepts, existing problems and comparison of representative nations in the above three chapters, thus the author comes up with corresponding improvement suggestions. Specifically, making a clear scope of civil disputes suability and thus widen the scope of cases that court can accepted while reforming the civil prosecution conditions and establishing the conception of procedure party theoretically. To prevent malicious litigation while protecting the litigation right in order to build abuse of litigation sanctions mechanism. The registration system is bound to increase the pressure of the court, therefore the diversified dispute settlement mechanism can guarantee the smooth development of the registration system.