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On The System Of Civil Case-filing

Posted on:2016-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:W J WangFull Text:PDF
GTID:2296330461991967Subject:Litigation
Abstract/Summary:PDF Full Text Request
The civil case is the first door to judicial remedy procedure, which will play a crucial role on the litigation right of the parties and the realization procedural justice. Filing for the parties to the dispute to the court, the protection of their own realization of litigious right has a direct impact, but also on the civil legal relationship of the specific rights and obligations relationship will be confirmed and an important role in realizing civil rights.The civil register system is mainly composed of civil procedure law and judicial interpretations, the matching system entity, procedure,which has rich connotation. The traditional file system in the academic circles and judicial practice known as "case filing system", is also considered to lead to "the main reason is on file". In order to change this situation, in February this year introduced the "Supreme People’s Court on the application of the" PRC Civil Procedure Law "interpretation", carry out the eighteen session of the fourth plenary session put forward the reform proposals, put forward the "registration" system, from the system to solve the problem of difficult to achieve a breakthrough in case. But in the new "Civil Procedure Law", the register system of a series of regulations has not changed, the file perfect the legislative system, the coordination, is a new question for study in the judicial practice.On the filing process, whether it should be the civil legal relationship of the parties involved to the physical contents of the review, the different domestic and foreign law. In our civil procedure law, the relevant contents of the comparison principle, the relevant provisions in practice operation is not strong. For the parties to the prosecution condition and procedure conditions there is no clear distinction, confused the two parties to sue, increased the burden; civil case scope is quite narrow, shall not be accepted for a considerable part of the civil dispute, the parties to exercise their right to appeal the rejection may; in its complaint, request records matters too high, beyond the filing standards. Therefore, in reference to the entity content relevant countries filing system, modified from the above aspects,In the aspects of procedures for filing system, how to connect the new judicial...
Keywords/Search Tags:Case-filing
PDF Full Text Request
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