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Civil Litigation Filing Registration System Research

Posted on:2017-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:T YuFull Text:PDF
GTID:2296330482498291Subject:legal
Abstract/Summary:PDF Full Text Request
Difficult people satisfied, judge difficult case, has long been a problem of the path of judicial reform in our country. On the one hand, stems from case review system of our country for a long time makes filing suit requirements and the requirements of litigation and form elements and content requirements of hybrid, also makes the court file with a mixture of jurisdiction, the court has refused to put on record for security level or evade the responsibility, etc, on the other hand since 2007, our country civil case by system was established, the court has been put on record on the basis of the cause of action. For a case with some of the new type, difficult to define, when there is no cause of action to follow, do not accord with standard of the cause of action, the court also tend to decline at outside. Therefore, in the case review system and the cause of action system of interaction, mutual penetration, under the condition of our country civil prosecution rights by the negative impact of the massive civil dispute is difficult to solve. On February 4,2015, the supreme people’s court on the applicable<interpretation of the civil procedure law of the People’s Republic of China formally implemented, to determine the changes in our country civil case review system for civil filing registration system, this symbolized our country cases finally relax the requirements of unnecessary censorship, case acceptance standards than before, this is the case of civil action system of valuable progress, for the protection of the litigation rights in our country is of special significance. In order to better implement the civil case registration system, to strengthen the research of the system is imminent, it is imperative.Confirmed our filing registration system as a result, the legal system background, the purpose of this paper is to study the filing registration system on the basis of analyzing the advantages and disadvantages of the filing registration system design of two law systems and experiences, and on the basis of comparison and reference, filing registration system in our country present situation and problems, put forward their own Suggestions for perfecting the filing registration system, in order to promote the reform of filing registration system just do little of their own power. Civil litigation filing registration system reform in China are faced with the problem. So-called filing registration system, it is to point to to put forward by the parties in accordance with the law of the plaintiff, the court shall receive, register and file system, in order to realize the v. will manage, case will be made. It is different from the case review system, it makes the civil dispute solution are more likely to enter the judicial process, civil litigation rights were more powerful protection. From the civil examination system to the civil case registration system transformation, not only need to strengthen the explore and perfect the system, also need to pay attention to the system of supervision. Only in this way can we truly the establishment of the reasonable, comprehensive and perfect system of civil litigation filing registration, real guarantee of citizen’s procedural rights, safeguard judicial authority, and guarantee the judicial justice.
Keywords/Search Tags:Filing Registration System, Requirements Of Case Review, System Of Prosecution, System Of Litigation
PDF Full Text Request
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