Perfecting The Scope Of Accepting Cases In Civil Action

The civil litigation system of civil litigation case scope is the threshold is also connected with the civil substantive law and the procedural law of the bridge, but China’s current civil litigation system scope of both exposed many defects and not satisfactory as the problems in the system settings and judicial practice. The lack of the system and the imperfect "prosecution difficult", indiscriminate lawsuits and lawsuits malicious phenomenon exist for a long time. How to balance the right of appeal, and emerge in an endless stream of new disputes more high demand to justice and rational use of the contradiction between the limited judicial resources is the first problem that faces us. The judicial power has long been shrouded in power standard thought and administrative dominant ideas to gain independence and its authority is hindering the civil litigation progress in a deeper level. With the win support among the people development and protection of China’s market economy of the right idea, also put forward higher requirements for people of cases accepted by the people’s court. Therefore, in order to protect the right of action as the starting point to enlarge the scope of accepting cases is also represent the general trend. But we should pay attention to, blindly expanding the scope of accepting cases is not desirable. To determine the scope of civil litigation should be comprehensive consideration of the property in dispute and litigation, judicial settlement of the possibility and the foundation of efficiency factors, judicial resources bearing to be determined. This paper starts with the concept of civil lawsuit scope, based on comparison and draw lessons from the related theory and the system of dispute suability, litigation and litigation rights protection and the rational use of judicial resources and other related factors in the improvement of civil proceedings by the position and role of system in the case of, finally proposed to pay attention to right status for guidance, to the benefit of litigation and the right concept of production for inspiration and to gradually change the judicial concept as the goal of the idea and some suggestions are given to perfect our civil litigation system scope.