Case Review Mechanism In Civil Litigation

The major purpose of this article is the introduction and analysis of China's legal system of suing nowadays. In the comparison with western countries' similar systems of suing a case, we can find the similarity and soon find some serious defaults and shortcomings in China's current system of suing. This article points out that the substantial default of China's system of configuration of lawsuit is the mixture and mistaken of two different kinds of necessary conditions. The law asks for some strict necessary conditions when the client wants to bring a lawsuit to the court, for example, the person or company who brings the lawsuit must be the one who is just the true owner of the civil rights. In fact, it is very difficult to discriminate the real subject and the false subject of the rights argued between the clients and defendants. This article also makes a research of the relevant theories to help understand the essence of suing. China's suing system constricts the parties' procedural rights and substantial rights, which makes it difficult to bring a lawsuit in the people's court. The suggestions of this article are follows: firstly, make the conditions of sue simple and independent, people can go to the court without too many restrictions. Secondly, make up due process of the procedure of inspecting the necessary conditions of accepting a case so as to protect the legal rights of the parties.