Study Of A Civil Lawsuit System

Since the 1970s, the campaign called"Access to Justice"extended nearly all over theworld. The objective of the campaign was to enable people to get access to justice in aneasier way. No remedies, No rights. Correspondently, "No rights" is also caused by"No access to the remedies". Modern times, judicial remedy is the rational and legalway of remedies. As far as the civil action is concerned, people exercise their rights ofcivil litigation, which is the beginning of accessing and pursuing justice. Ensuring rightsof civil litigation reasonably and effectively is of quite importance of playing the role inprotecting the fairly civil rights and interests of people;running the procedure smoothly;fulfilling judicial activism with effect;perfecting national written laws;and evenpromoting the construction of law-ruled country. In recent years, there are more andmore various civil disputes emerging in our country, resulting from economic and socialdevelopment. However, after being brought to courts, so many disputes are excluded bycourts, due to the drawbacks of current civil litigation system. The negative influencesare as followed: not good for fulfilling the above functions of rights of civil litigation,lack of faith of justice in public, and even worse, people tending to resort irrationalmeans because of their fairly appeal not being taken care of by judicial remedy.Civil Litigation is a subject in the civil procedure law which involves a wide rangeof issues. From the chief view of analyzing the requirements to commence an action andensuring rights of civil litigation, this article will first abstract general rationales of civillitigation system, and outline the possible improvement of Chinese civil litigation system,based on summarizing relevant legislative experiences of main countries in two majorlaw systems in the world, as well as the current situation of our country.This dissertation consists of the following four parts.Chapter I as the beginning of the essay, is about rationales of civil litigation system.It is discussed in this section that the concept, the character, the functions of rights ofcivil litigation;interest of action;the belief that the person, as long as asking the court forprotecting his civil rights and interests, or some legal relationships, should be recognizedas the very person, who can commence an action;the purpose of civil action, and thefreedom of procedure, one of the internal values of procedure. Adequately ensuring thefreedom of exertion of rights of civil litigation is the most important principle, when wearrange civil litigation system. At the same time, reasonable regulation to the freedom isnecessary. Compared to other three chapters, this section is relatively abstract. Thissection is not merely aimed to introduce theoretically, however, this section supplies thebase of Chapter III and Chapter IV.Chapter II is about the relevant systems of foreign countries. In this part, from theview of comparative law, through studying the specific provisions concerning civillitigation system of major countries falling within continental law system, German andJapanese civil litigation systems, or Anglo – American law system, civil litigation systemof the United States, I try my best to ascertain the internal rationales of such provisions,to seek for experiences which can be learnt by us.Chapter III is about the current description, the evaluation and analysis of Chinesecivil litigation system. This section has two parts. The one part is mainly aboutdescribing the current requirements to commence an action, based on analyzing thearticle 108 of Chinese Civil Procedural Law and relevant provisions. The other part ismainly about evaluating and analyzing current situation of Chinese civil litigation system.Main problems existing in current Chinese civil litigation system can be generalized: thescope of civil action is quite narrow;the elements of acceptance are located into therequirements to commence an action;there are intensions and conflicts between theacceptance tache and the exertion of rights of civil litigation and jurisdiction. Therefore,these aspects should be given more attention to perfect Chinese civil litigation system.Chapter IV is about the speculation on the improvement of Chinese civil litigationsystem. This section is completely built on the above three chapters: rationales of civillitigation system, comparative analysis of the relevant systems, the current description,the evaluation and analysis. Specifically speaking, we should try to perfect Chinese civillitigation system as follows: expanding the scope of civil action by establishing interestof action;respecting and emphasizing on the litigant's procedural subject status at thebeginning of an action by establishing the belief that the person, as long as asking thecourt for protecting his civil rights and interests, or some legal relationships, should berecognized as the very person ,who can commence an action;reforming the requirementsto commence an action and the acceptance tache;constructing the elements ofacceptance;furthermore, while protecting rights of civil litigation, abuse of rights of civillitigation should be regulated by intensifying penalties, being well consistent with thefirst chapter.