Dilemma And Egress: Study On China’s Register System Of The Civil Law

The civil case is the first door to judicial remedy procedure，whichwill play a crucial role on the litigation right of the parties and therealization of procedural justice. Our country’s civil registrationsystem has experienced from the "separating reception from one" to"legislative"."Legislative" emerged under the background of separationof the case review right and the jurisdiction right. However, manyproblems have gradually exposed. The problems are as follows. There existscontradiction in the proceedings. There is a serious imbalance inlitigation and jurisdiction during the filing stage."Conditions ofprosecution" are mixed with substantive examination content, leading torepeated investment of the judicial resources. There is no unifiedstandard of registration, etc. Therefore, building a just and reasonablecivil case filing system, to solve the problem of “difficultregistration” from the root, to ensure the realization of the right ofaction and procedural justice, which is the key of the civil litigationreform. Firstly, this paper compares the similarities and differencesbetween Chinese and foreign civil case filing system, the theoreticalbasis for system back, and explores its theoretical basis. Then, the rootcause of the“difficult registration”is fund out through investigation.Finally, on the basis of proposals for the reform of professional scholars in China, a reform method of civil registration system is seek out,consistent with Chinese judicial environment.The paper is divided into four parts.The first part is focused on comparison.The Chinese and foreign civilcase filing system are compared. The difference between case review systemin China and filing registration system in the west are introduced indetail. Then, the different backgrounds and the advantages anddisadvantages existing in the judicial practice are analyzed.The second part is focused on investigation. The study of our countrycivil filing procedure problem has been carried on. Taking Shanghai PudongNew Area people’s Court, Heze City Mudan District People’s court ofShandong Province, and the Guangdong Provincial Higher People’s court asthe research object, the problems existing in the court of our countryin the filing procedure are analyzed,through field visits, telephoneaccess and micro-blogging interaction, and other forms. Combined with ournew civil procedure law revised opportunity, based on arguments ofabsorbing lawsuit jurists and judicial practitioners, the origin of the“difficult registration” problem is explored.The third part is focused on the origin. the civil registration systemtheory is analyzed. Reform and improvement of any one system, can not bedivorced from its theoretical foundation of rooting. Otherwise, itsreform measures like castles in the air, can not solve the system problemsin judicial practice fundamentally. Consequently, the root causes ofproblems in our country civil filing procedure is traced, based onclarifying and demonstration of the right of action and the jurisdiction,litigation and prosecution conditions, procedure party and the properparty.The fourth part is focused on landscape. The reform measures of ourcountry civil case filing system are constructed. It is not suitable for China to use the registration system from the west fully, due to China’scurrent judicial environment. We should search for a reform methodsuitable for local justice situation based on perfecting civil case reviewsystem. Aiming to the problems existing in the civil filing procedure inthe second chapter, some shallow proposals for reform are puts forward,in the aspects of broadening the scope of civil lawsuit, the reform ofthe conditions for prosecution, the construction of the remedy procedureof civil case, positioning the reasonable mediation procedure and so on.In the conclusion part of the thesis, the urgency of perform of civilcase system and necessity of improving relevant supporting measures areonce again expounded.