| Since the 1980s, the campaign called "Access to Justice" has extended nearly all over the world The objective of the campaign is to enable people to get access to justice in an easier way. No remedies, No rights. Correspondently, "No rights" is also caused by "No access to the remedies". In recent years, there are more and more various civil disputes emerging in our country, resulting from economic and social development. However, after being brought to courts, so many disputes are excluded by courts, due to the drawbacks of current review system of prosecution in civil litigation The negative influences are as followed: not good for fulfilling the functions of civil litigation, lack of faith to justice in public, and even worse, probably causing people to tend to irrational means because of their fair appeal not being taken care of by judicial remedy.The review system of prosecution is an important system in civil litigation, which directly relate to the fact that disputes smoothly enter to the judicial procedure. Firstly, this article has discussed the elementary theory about the review system of prosecution, and finally has proposed several suggestions that will perfect the review system of prosecution in our country, based on summarizing relevant legislative experiences of main countries in two major law systems in the world, as well as the current situation in our country.The full text amounts to more than 32,000 words, and consists of the following four parts.The first part has discussed the elementary theory about the review system of prosecution. Firstly, the objective of the prosecution system must implement the party's suit rights as far as possible, but exercising suit rights must rely on the judicial authority. Therefore, this article has first expounded the dialectical relations between the suit rights and the judicial authority. And according to the above, the author thinks that we should consider the union of these two kinds of power, while constructing civil prosecution system. Secondly, the cooperation principle requests that the construction of concrete system in civil litigation needs to emphasize the party's function in lawsuit, and cannot view the judge's negative role one-sidedly. Also, the reform of the review system of prosecution should consistent with these. Finally, this article has expounded the functions of civil litigation, and has thought that the review system of prosecution should establish on the certain functions of civil litigation.The second part has viewed the relevant systems of foreign countries. In this part, from the view of comparative law, the author tries hard to pursue the intrinsic idea in order to seek for experiences which can be learnt by us, through studying the concerning provisions and practice of main countries in two major law systems in the world.In the third part, the author first has discussed the problems in the review system of prosecution, and thought that the root of the problem lies in the lack of the concept of suit rights. Following, the author summarized the problems from the requirements of prosecution in legislative provisions, the judge's practice and so. Subsequently, this article has discussed three solutions, and commented these three solutions on the basis of the theoretical analysis in the first part, and finally thought the final choice should be considered the compromise view that the existing review system of prosecution should be retained and improved.In the final part, this article has concluded several suggestions that can perfect the review system of prosecution. First of all, the requirements of prosecution should be reduced in legislative provisions, and the court's competence should be expanded. Secondly, we should inprove the review procedure, such as giving the parties the remedy rights in procedure, resolutely punishing the judges who have violated the legal procedure, and shorting the duration of the review. Thirdly, we should strengthen the judge's interpretation in reviewing, and coordinate the parties' initiative and the judge's passive. The fourth suggestion is that we should enhance the parties' status to build a cooperative pattern between the parties and the judge. Finally, this article also suggests that the power-based thought should be got rid of and the judge's concept of suit rights should be strengthened. |
