Civil Prosecution Accepted System

Acceptance System of action is an important system in civil procedure. It's the first course of civil dispute entering litigation, and is also a procedural assurance on the performance of parties' right of action. That whether this system is set scientifically or not will directly influence the efficiency of protection of the parties' right of action, in addition, it concerns to the realization of the parties' substantive rights.Therefore, through studying on the acceptance system of action, we shall find out the existing problems, then analyze them from the prospective of legal theory, and reform and perfect the system on the bases of absorbing reasonable practice abroad, which are meaningful to resolve the problem of "difficult action", to protect basic rights of citizens and to resolve social dispute orderly and safeguard social stabilization.The article is divided into four chapters. Chapter 1 elaborates the theoretical foundation of acceptance system of civil action, which is the function of the right to civil action and the right of adjudicative claim. Right of civil action has the function to start civil procedure, apply judicatory ending-solution principle, and exert and expand judicial function. As a basic right of citizen, the right of adjudicative claim includes the right to bring an action and the right to just trial.Chapter 2 investigates the concerning practice of the acceptance system of civil action abroad, through comparison method of analysis. It mainly introduces, summarizes and evaluates the related provision of England, the United States, Germany, France and Japan.Chapter 3 analyzes the main problem of the acceptance system of civil action in our country, including the narrow scope of civil case acceptance , the high requirements of action the confused requirements of action and litigation, and unreasonable system of litigation expenses .In the light of main existing problems of our country, Chapter 4 puts forward suggestion on the reform and perfection of the acceptance system of civil action of China, on the bases of reasonable practice abroad: widening the scope of acceptance of civil case, lowering the requirements of action, weakening the examination of placing a case, perfecting litigation expenses system, establishing diversified system of dispute settlement and diversified mechanism of litigation procedure, regulating the abusing behavior of right of action.