On The Register Booking System Of Civil Litigation

In the country under the rule of law, as the last line of defense of dispute resolution, justice can be largely absorb and resolve disputes. Civil case system as the first gate to open the judicial relief, its setting is scientific or not, which is not only closely related with the implementation of the litigious right, but also profoundly affects the realization of the rights and interests of the parties entities. Baotou air crash case happened in 2004 and the subsequent occurrence of numerous difficult to prosecute the case let us know that difficult prosecution which with Chinese characteristics, formed for a long time. Before the register booking system, our country adopts filing review system, which has significant limitations in the judicial practice in our country, including very strict rules on the conditions of the parties to a lawsuit, also limits the exercise of the parties’ litigious right, which lead to difficult prosecution loom large. Practice is the touchstone of theory. The filing review system has been difficult to continue in our country and civil case system needs in urgent to reform.On October 20,2014, the fourth plenary session of the party’s eighteen was held in Beijing, reviewed and adopted "the central committee of the communist party of China on promoting the rule of law certain major issue decision", the register booking system was proposed in the form of official for the first time in our country. Since its implementation, the court of the country’s registered straight up, in the protection of the parties’litigious right at the same time, the court’s contradiction on "case more people less" is increasingly highlight, so we need to optimize and govern in the right way.The perfection of a country’s legal system, not just work behind closed doors, but need to draw lessons from other countries advanced ideas and systems. The register booking system of our country was just put, which has no perfect legislation, is groping forward in judicial practice. In foreign civil case system, the adversary litigation mode, the idea to the guarantee actively of litigious right, very broad scope of litigation and formal audit, which have great significance to perfect our country’s civil litigation filing system. The implementation of the register booking system is not thoroughly subverting the filing review system, but to be improved. Filing registration is not simply just "register", it’s still need to review the parties’ prosecution whether it’s in accordance with the law. Only the prosecution is conforming to the law, that can get legal protection. It has normative guidance for the register booking system, for example, civil case should get the prerequisite in prosecution as the benchmark; And it’s timely to interpret when the sue is not in conformity with the law, so that it cannot enter the process of trial; Meanwhile, we should against abuses of litigation and carry out the procuratorial supervision and restriction mechanism; At the last, it is necessary to properly handle the question on the value orientation between the parties’litigious right and the jurisdiction of the court, legal and non-legal dispute resolution mechanism also has been disputed in the process of system implementation. Make the register booking system can truly effective implementation, so that the parties’litigious right can be implemented quickly and efficiently and thoroughly solve the difficult prosecution, and then to better protect the parties’fundamental rights, maintain social order to resolve disputes.