Research On The Register Booking System Of Civil Litigation

As the first line of defense for citizens to enter into the administration of justice, theregister booking system of the civil procedure is a very important system. Whether the settingof this system is scientifical or not will directly influence the efficiency of the protection ofthe parties’ right of action, in addition, it concerns to the realization of the parties’ substantiverights. However, the active system of the review for putting on regard in our country severelylimits the exercise of the rights of the parties, and the conditions for the parties to institute alawsuit is harsh, which leads to the problem of "difficult action" still existing in the juridicalpractice. Therefore, it is the most important premise for the judicial reforms to perfect thecurrent filing system. In this article, the author firstly analyzes the theory of the registerbooking system, then compares the provisions of the relevant system in the main countries ofthe two legal systems, finally proposes the idea of carrying out the register booking system inour country, on the basic of analyzing the flaw existing in the active system of the review forputting on regard.This article is divided into four parts. The first part mainly elaborates the connotation ofthe register booking system and on this basis to explore the foundation theory in this system,namely the theory of right of action, the theory of legitimate parties and the theory of theinterests of action.The second part views, from the view of comparative law,the relevant systems offoreign countries. the author tries to pursue the intrinsic idea pf the relevant systems in thesecountries in order to study and seek for the good experiences which can be borrowed by us,thus to enrich the theory of the civil procedure law in our country.The third part mainly analyzes the active system of the review for putting on regard.Firstly, the author cites the relevant provisions of current legislation, followed by theprovisions of the legislation reveals the problems of the system, mainly from those aspects:the scope of accepting cases of the courts is too narrow,the conditions for bringing a case isharsh, the parts can not substantial involve into the stage.The last part is mainly to propose the idea of carrying out the register booking system inour country, on the basis of borrowing ideas from the countries of the two legal systems andanalyzing the problems existing in the current system in our country. First to evaluate the objections; followed by that, to propose the concrete ideas to establish the register bookingsystem.