Study On The Basic Theory Of The Filing System Of Civil First Instance

Civil action resolves the civil disputes through the judgement of the court, prosecution is a necessary procedure of the civil action ,the applicable law is filed lawsuits marking the establishment of legal relations. The parties can appeal to the court, that's because they have the litigious rights as the foundation and presupposition.litigation is not only under the substantive rights which is entitled to the parties by the substantive laws, but also can be the benefit which is related with rights, especially when the private right system is incomplete, the objective existence of civil disputes should be the foundation of the parties having litigious rights, in other words,the litigious right is not abstract, whether the parties having litigious right is aimed to the specific disputes, as long as the rights have been violated or in an unstable state, as a remedy's right, litigious rights have the potential function to eliminate them. From the sense of the proceedings, the litigious right is the right of the parties who request the court to resolve specific disputes, the court implement judicial authority on the condition of prosecution, only be provided with requirements of prosecution and lawsuit, can the case come to the substantiative trial, making the decision to the case is to satisfy the substantiative litigious right.requirements of prosecution are benchmarks which the courts found the prosecution legal therefore establish the legal relationship when the parties appeal to the court, current requirements to commence an action concerning whether disputes come to the litigation proceeding or not.In theory, a clear distinction is made between the requirements of prosecution and conditions of a lawsuit, in the foreign litigation,the requirements of prosecution's standard is lower, procedural litigious right is achieved more easily .Placed conditions of lawsuit in the prosecution is driving up the requirements of prosecution and the exercise of the right to appeal.many disputes are excluded from proceeding's remedy, due to the discretion of the court.Based on previous studies this paper use comparative analysis and logical analysis method to study carefully register system of civil first instance, in order to offer some more reasonable suggestions for the perfection of register system of civil first instance. addition to the introduction and conclusion,this dissertation consists of three parts as followed:the first part has viewed the current register system of civil first instance,has pointed out the problems of legislation on the prosecution in the existing legislation .From the perspective of the provisions ,the parties ,the court ,the reason to appeal and evidence items of the register of civil first instance are made a depth study, i think requirements of prosecution should include conditions of a lawsuit.This paper is divided into three parts as follows:The first part Inspect our country present civil trial, and points out that the current initiated system of prosecution legislation in elements of problems existing in the legislation.From the Angle of articles to the our country civil analysis of the parties, the court filing trial evidence, causes of action and in-depth research, matters that our country civil prosecution contains the lawsuit in elements of content; The mix of requirements of prosecution and conditions of a lawsuit caused a harm to the litigious right,therefore it also brings a lot of social problems,such as petitions.The second part has made a depth study to the basic theory of the register system of civil first instance .This part can be divided into three sections.The first section discusses the meaning of the litigious right and the major discussions on the theory of it,with the thought that the litigious right contained substantial and procedural rights.Starting from the analysis of the internal structure of the litigious right. The second section has analysed the substantial and procedural rights corresponding to requirements of the prosecution,conditions of a lawsuit and elements of this case,discuss the differences between requirements of the prosecution,conditions of a lawsuit and the function and status of requirements of the prosecution in the exercise of the litigious rights.The final section has made a brief review to the extraterritorial requirements of the prosecution,in order to offer some suggestions to perfect the register system of civil first instance.The final part is the most important part of this dissertation. Against the shortcomings of the register system of civil first instance,this part reestablish the requirements of the prosecution from the perspective of litigious right protected, exclude the conditions of a lawsuit from requirements of the prosecution,in order to lower the requirements of the prosecution,Some suggestions are brought forward to perfect Adjustment of the court of registered organizations and supervision of procuratorate to the of first instance.