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The Research Of The Civil Action Registration And Investigation System In Our Country

Posted on:2011-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:H Y XuFull Text:PDF
GTID:2246330377954974Subject:Law
Abstract/Summary:PDF Full Text Request
In china, the parities to submit petitions request does not start the proceeding, and hearing by the court department of party filing a series of rigorous review of the prosecution. The main focus placed on file review the prosecution of civil law conditions, it should be said that the expected functionality of the system design is to ensure the fall exercise of the rights of parties to litigation, but in theory because the condition for prosecution is set too high, the specific use of standard fuzzy, prosecution elements and derivative litigation confused, leading to arbitrary restrictions and denial of the parties the court to appeal the phenomenon on of more prominent acts.moreover, the practice of the civil filing review system, so to avoid filing review of process, the trial court embodies the interests of self-protection over and above the tights of parties to care proceedings.Therefore, the filing abolition of censorship in the civil procedure law, department of public attention before and after modification are hot, many scholars have called for a review of filing system to replace registration system, but in our country, in the transplantation of foreign legal system is not fully in line with our conditions. Accordingly, the authors review of filing on the status of civil and national civil filing system, presentation and review of the filing system and filing a registration system analysis and comparison of two different points of view, from a review of the content, review procedures, review mechanisms and foreign system corresponding, they put forward proposals. In order to initiate civil filing system reform, and hope this can have some positive meaning to improve the system of civil review.
Keywords/Search Tags:Accreditation, requirements to commence an action, formalexamination
PDF Full Text Request
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