Research On The Register Booking System Of Civil Litigation

As a key link in the procedure of civil litigation, case-filing system plays an important role in the protection of the right of action, improving the efficiency of the proceedings, saving judicial resources properly, etc. The filing review system has implemented decades of years in China, due to the elevation of the court accepted the case of threshold, it has limited the litigant to exercise their right to appeal, "the prosecution difficult" and "difficult filing problems" exacerbated the contradiction between the litigant and the court, As the rule of law continue to improve better and better, obviously, it cannot reflect the filing system’s righteousness. In order to make the citizen to exercise their rights more easily and embody the purpose of justice for people, multitudinous jurists and judicial practice departments promoted jointly, on February 4,2015, the Supreme Judicial interpretation< the people’s Republic of China Civil Procedure Law> of article 208,for the first time, booking registration system written in civil procedure law, and on May 1, filing registration system replaced the censorship of accreditation, and formally implemented.Compared to the censorship of accreditation system, the registration system is not completely "subversion", but "improvement", it also does not mean that the case into the proceedings only need to register without reviewing, the parties of the prosecution filed conditions still need to be reviewed. Only in line with the laws and regulations governing the prosecution, it should be subject to legal protection. Throughout the two legal system countries relevant legislation, the filing system are built in a complete theoretical system, including litigation right theory, party theory and a clear distinction between prerequisite in prosecution and litigation elements, the admissibility of the case is whether there is a "interest of action" as the standard, and have sound settlement mechanism and the filing system, which can be used for reference to the registration system of our country.More than ten years ago, law circles had divided in whether changes filing review to filing the registration system or not, one is worried about once implemented, it will cause a sharp increase in the number of cases, abuse of right to appeal the case of disrupting the order of the judicial, resulting in the court system of the admissibility of the case is notcontrollable situation. After the ten years of the development of the rule of law, the legal system can improve operation, under the environment of mature filing registration system came into being, which is worthy of recognition, in the months since the implementation, each court made case system running smoothly, the judges can also break past the inherent thinking mode into work, but the system itself in the environment is still vulnerable, relevant laws and regulations to be refined, the standard of the scope of accepting the case need to make adjustment according to the current situation, the supporting system has many shortcomings, if we ignore these problems, registration system will not be able to adapt to continuous economic and social development led to increasingly diversified disputes have been eliminated.The reform of the Supreme People’s court has made the filing system of our country a new era. Based on this system, we must rational and objective view of the system in the practice of functional limitations, further initiate the registration system specific, enrich its content, to give consideration to both justice and efficiency, ensure file for the effective operation of the registration system.