On Civil Cases For Examination And Prosecution

The review of bringing a lawsuit is an independent moment during accepting and hearing the first instance. Review, accepting and hearing a case and executing constitute the base structure of civil litigation. The accepting and hearing a case includes the first instance, second instance, retrial instance, execution instance and especial procedure. The following article mainly discusses the review of first instance. It is not only the important moment, but also decides if the case can be on trial. It is the start hinge of litigation procedure and the entrance of an action. Therefore, it is the most important. The court is viewed as the least guarantee of social justice.The review is the base which all kinds of cases enter the juridical trial procedure.The right of access to justice is a basic procedural right of the party and the degree of its realization reflects the level of the rule of law in a nation. However, the current systems of bring a lawsuit and entertaining a case, that is, the review of bringing a lawsuit, in our civil procedural law are still problematic and militate against its realization. Let me give a example. The current conditions of bringing a lawsuit are exact, which often bring a lawsuit "the difficulty to bring a lawsuit"in practice.Moreover, the courts often give a review before entertaining a case.There is a double standard to plantiff and counterplantiff. It is not equitable to client. So, it is imperative to be reformed. The ways to institute the reform are as follows: the current system of entertaining a case should be cancled, the organization to review bringing a lawsuit should be changed to register organization for civil cases, the conditions of bringring a lawsuit should be altered into the legal program of bringring a lawsuit and the conditions of bringing a lawsuit should become the requisite of the litigation.In recent years, with the reform of juridical system reform, above all the accreditation system reform in China, the reform of review is exciting. For example, it is difficult to bring a lawsuit because of some reasons in passed years.However, it has been improved since the juridical system reforms.But this problem dose not completely resolved.In practice,some litigants often are rejected or dismissed when their action is in accordance with provinsion of the civil procedure law. In the article,a careful analysis of the relevant experiences abroad and existing problem in China, help to find a solution, that is, to make the system systemized and procedurized, hence being operatable. Meanwhile, other systems to be established in corporate concened integrated systems.The article is composed of four parts.In part one the author summarizes the review system of bringing a lawsuit. The summary includes the conception, the necessity and current provinsions of bringing a lawsuit in China.In part two the author introduces the relevant experiences abroad and analyzes the reasons.In part there the author analyzes the current state of the review of bringing a lawsuit in China. Moreover, the author also presents the existing problems.In part four there are measures about restructuring the review system of bringing a lawsuit.