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A Study On The Registration System Of Civil Action

Posted on:2017-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ZhuFull Text:PDF
GTID:2206330488492101Subject:Law
Abstract/Summary:PDF Full Text Request
As the first line of defense for citizens to enter into the administration of justice, the case-filing register system of the civil procedure is a very important system. Whether the setting of this system is scientifical or not will directly influence the efficiency of the protection of the parties’ right of action, in addition, it concerns to the realization of the parties’ substantive rights. Much attention has been focus on the case-filing register system since its implement in China. The case-filing register system is confronted with unprecedented opportunities and challenges with its transformation from the case-filing investigation system. At the initial stage of a new case-filing system, the studies of text and practice have played a major role in the proceedings. From the text level, this article will give a introduction to the system background, connotation, values and essence of the case-filing register system by the analysis of the historical development of the case-filing system, the present civil procedural law. the judicial interpretation and several regulations on the register and case-filing of Supreme People’s Court and local legal documents selected. From the practice level, although intensive studies on the case-filing register system have been conducted before it got judicial interpretation.the practice of the case-filing register system is still on the trail and initial stage. We can learn experience by analyzing the case-filing systems from different civil law countries and regions. Meanwhile, make analysis on the practical implement situation, troubles and problems which appear during the implement of the case-filing register system and finally propose the solution to the problems guided by the theory.The first part describes the historical evolution of China’s filing system legislation. This part is intended to show the evolution track of China’s filing system, and to carry out more in-depth analysis about the changes of the filing system by drawing support from the development stages of China’s civil filing institutions.The second part explains the meaning of filing registration and the filing registration process provided in the legal texts on which China’s filing registration system is based from the very beginning in details. Through key analysis about texts and programs, the article describes the progressive significance of China’s filing registration system and interprets the substance of China’s filing registration.Keeping in step with the second part, the third part analyzes the value and substance of filing registration system, checks the series of problems encountered in the implementation of China’s filing registration system, and analyzes the difficulties existing in the actual operation of China’s filing registration system and the fundamental institutional issues implied in the difficulties.Through analyzing the filing systems of civil-law and common-law countries and regions,the fourth part summarizes the referential points of other law systems from the theoretical level involved in filing registration system and analyzes prosecution conditions and elements and other important theoretical principles to help further improve China’s filing registration system.The fifth part proposes specific improvement approaches for the advancing direction of China’s filing registration system from two directions:the specific procedures of filing registration and the supporting systems, and emphasizes the importance of a correct attitude towards judicial reform in the avoidance of practice predicament.
Keywords/Search Tags:Case-filing register system, Prosecution conditions, Conditions of lawsuit, Prosecution Court
PDF Full Text Request
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