The System Of Civil Case-filing Study

At present, Chinese society is in a period of rapid development, and the era ofthe planned economy, Chinese society is undergoing a rapid transition period,people’s way of life changed dramatically, with the relationship between people onthe basis of market economy, population flow occurs, in the life, work pressure ofincreasing cases, people’s psychological emergence agitation phenomenon is veryprone to legal disputes, these disputes have destroyed the original good socialorder, this objective requires that these disputes are resolved quickly, restore socialorder, otherwise affect national normal life social environment.Some of these disputes with the social development of the new issues, notsubstantive law provisions in case of conflict between victims and perpetrators cannot be resolved, will be bound to an extreme way to resolve these social conflicts.This is very easy to intractable social problems evolve, so the legislation to anobjective legal system requires the development of society and to the development,not to the old view of new problems.This paper is standing on the forefront of social development, to develop a newvision to resolve social contradictions in approach. Explore the trend of our timesa new system to better promote the sound development of society.Civil filing system activities in the civil justice system is an important, it is toinitiate legal proceedings to protect the rights of the victim entity necessaryprocedure, so victims of the system design is good and social order has not beunderestimated role, due to our current existence of the civil aspects of the entityfiling system, and theoretical issues, making the threshold of the parties oftenwandering outside in the administration of justice. Existing filing system do? Thisarticle is divided into four steps to explore:Firstly, the filing system of the existence of our civil and legal analysis of thevalue, the value of the civil filing system and legal basis for the decision of theabolition of the civil filing system, and reform. The establishment of any systemhas its own value, be affirmed, after what the goal of the DPRK to build thesystem is vital, in this section to maximize the protection of victims from the rightsand maintaining social order and stability in the perspective of interpretation theRight of Action, the program theory of the parties, and the conditions forprosecution, derivative litigation, rights protection element theory, and the current theme of building a harmonious society. The theory of Integrated System for thecivil filing or re-laid the foundation for the theory.Secondly, the main analysis of the current filing system, what are the obstacles,not conducive to the maintenance of the victim rights litigation, undermine therestoration of good order in society. Theory and legislation, judicial practice of thecurrent filing system, it points out the problems. In order to protect the good orderof the specific problems must start considering filing system reform orimprovement.Thirdly, based on the international level, of civil law and common lawinvestigated the existence of these problems, in terms of the civil filing system,how they build and set up, sum up the advantages of two legal systems, to givereference.Fourthly, after the first chapter, Chapter II, Chapter III of the study, summedup China’s civil filing system should be moving in which direction, the civil filingsystem for the current how we choose and perfect. After the reform or improve theface of other adverse situation that may arise and we should be how to deal with,to address the problem from different angles in this chapter, various scenarios tomaintain the new system fulfilling its functions.