On The System Of Civil Case-filing In China

With the development of social economy in china and all kinds of new civil disputes appearing, more and more disputes swarmed into court and high voice about difficult prosecuting from people are increasing. Although a new round of civil procedure law amendment had ended, it didn't solve all sorts of problems existing in the civil case-filing process in our country. So how to solve the problems in judicial practice and coordinate the interests of all parties to construct the harmonious case-filing system is of important theoretical and practical significance.Firstly this paper introduced the overview of our country civil case-filing system, reviewed the defects and the insufficiency of the system of civil case-filing. Then it analyzed two representative reform plans of current theorists in view of the existing system of civil case-filing to discuss the positive significance and the things that may cause of the conflict. At last combining with our current system of civil case-filing theoretical basis and comparing the relevant system abroad it improved suggestions. There could be divided into three parts:The first part introduced the current situation and problems of the system of civil case-filing in China. It began to analyze from the legal system of civil case-filing of our country, and introduced the substantive examination, the formal examination, the special examination and other aspects of the censorship of accreditation in civil proceedings. Through the analysis of the current situation, we could know that the problems of the censorship of accreditation in civil proceedings in our country include relatively narrow civil case acceptance range, relatively high civil prosecution conditions, court having strong powers in the censorship of accreditation in civil proceedings and the parties lacking program participation.The second part introduced two representative viewpoints about the current of the existing system of civil case-filing. The author introduced and analyzed two viewpoints respectively, and then presented her own view.The third part introduced the reforming suggestions through the analysis above. Through analyzing the relationship between the system of civil case-filing and sue conditions, litigation rights theory and comparing the relevant system abroad the suggestions are as follows:enlarging civil case acceptance range, reducing prosecution conditions, establishing and perfecting relevant supporting systems and mechanisms, regulating the malicious prosecutions and abusing litigation rights.