Study Of The Civil Register System

Civil litigation filing procedure is the key to open the litigation. It is the first proceeding for civil dispute coming into the litigation, and is to fully exercise the right of the guarantee. Therefore, it has the extremely vital significance to study the civil litigation filing system, to find problems of this lawsuit system in our country, to reform and improve the system of judicial practice drawing lessons from what foreign countries do, to solve the problem of difficulty to sue, then to better protect the fundamental rights of the parties and maintain the social differentiation.The full text is divided into five chapters. The first chapter is the preface part and is mainly to introduce how to choose the topic and the research significance. The second chapter basically expound how to describe China's civil lawsuit filed system in legislation and judicial interpretation, and then the author put forward through the professor Jiang Wei's content of the "recommendations civilian manuscript ", leading to the debate between the practice (especially the judge) and the scholars about whether the "initiated censorship "should be abolished, then put forward his own views of supporting cancelling the filing censorship. But he think it is not yet wholly mature and we should be careful not to transplant "filed for registration system" so hastily. What's more, we should be patient of the reform of the system and need to consider how to transplant problem on the basis of fully improving and perfecting related system. The third chapter compares the difference of the representative countries of the two law of civil lawsuit filed system, and introduce the relevant regulations of the five countries in the world including Germany, Japan, France, the United States and Britain, and make a general summary about the difference between China and foreign related countries. The fourth chapter basically illustrates the problem of China's civil litigation filing system and analyzes the causes of the problems. The main problems of our country civil litigation filing system are the of the court accepting the case narrowly, prosecution conditions, the vague bounds between "Sue elements" and "litigation elements" and lack of parties'participation in process. The main cause of the problem above is that our country'"heavy entity, light program" traditional thought and it is influenced by our country'"power standard legal thoughts" and imbalance between just claim and judicial power, what's more, the administrative court system. Aiming at the main problems existing in civil registering filing system in our country and using for reference of foreign experience, the fifth chapter put forward the suggestion about the reform and perfect of Chinese civil lawsuit filed system, namely: appropriate broaden the scope of court accepting and hearing the civil cases,to register civil lawsuits with protecting the party's right as the core content, to reduce the prosecution conditions, to weaken the function of the court's registering and censoring, to establish the right for the judge to explain in the case stage and improve the registering relief system.