On The Improvement Of The Conditions Of China's Civil Action Against

Sue as a citizen, to settle disputes through legal channels first step is directly related to the rights of citizens can get access to judicial relief proceedings, and "difficult to prosecute," it is the judicial practice of China's ongoing problem. "Difficult to prosecute" is not conducive to the protection of the parties the right to appeal to the court's authority and credibility of the judiciary also caused great damage. Therefore, setting reasonable conditions for prosecution, civil action to solve our country, "prosecution difficult" issue, the protection of the parties the right to appeal and the construction of China's socialist rule of law are of great significance.The first part of this concept from the civil suit and legal attributes start, I believe that a civil lawsuit in a civil action has an important value. A civil lawsuit is the performance of the parties to exercise the right to sue, the parties to safeguard their legitimate rights and interests of an important means; the parties decided to prosecute the courts of the object and scope.The second part of this article our main analysis of the status and problems of civil prosecution. I believe that our civil prosecution of the essential requirements and conditions into the form elements. China's civil judicial practice, there is "difficult to prosecute," the problem, the fundamental reason is that the conditions of China's civil provisions of the prosecution to prosecute the conditions for the elements of confusion and litigation, so that the conditions for prosecution, "high-end technology."Conditions for China's civil prosecution of "high technology" led to the "prosecution difficult" issue, the third part of this article the author of Anglo-American and other countries were studied civil and comparative analysis, that the conditions for prosecution abroad, low civil parties review only in form, basically there is no "prosecution difficult" issue. Prosecution of the conditions of the parties, foreign than China, more effectively protect the right to sue the parties, and more to make civil society in resolving disputes, maintaining fairness and justice, the role being played.Finally, through the prosecution of our current requirements and conditions of the analysis of problems and learn from foreign advanced system, the author proposes improving China's civil litigation prosecution under the proposed conditions. I believe that our civil litigation improve conditions for prosecution, shall establish a "pay attention to procedural justice, protection of the clients right to appeal," the basic concept, cancellation conditions in China's civil prosecution litigation provisions of the elements, the prosecution only for the parties of the review of the form ; same time, the abolition of the existing system of filing the review accepted, will be responsible to review the prosecution's court filing civil registration authorities, culminating in China's civil registration system to establish a filing.