Study On The Civil Filing Registration System

In any legal system, it is not enough only to have rights, the rights must be achievable. As the judicial resolution threshold aiming to realizing private interests for national citizens, the significance of the case acceptance system of court is inevitable.However, affected by the super mandate litigation model of the former Soviet Union,our case acceptance system pays more attention to the social control function of the programmer, i.e the State authorities, thus seriously lacking of national judicial protection of human rights for those who use those proceedings. This practice goes against the constitutional and international trend of the right to appeal, and also seriously affects the process of building a just, efficient and authoritative judicial system. The point is, because national citizens are the one who actually start and use the proceedings, the design and operation of the case acceptance system that relates to whether a person enters the court or not must and should be based on the proceeding users rather than the value of the programmer, i.e, the State authorities. On that account, the party’s eighteen Fourth Plenary Session Court points out the reform direction of the case acceptance system, under the instruction of which the Supreme People’s Court on the interpretation of the Civil Procedure Law of the People’s Republic of China comes up with the "Filing registration" provisions for the first time.Thus, the academia and the practice thinks that filing registration system is formally established in the area of civil litigation, which is a historic progress in guaranteeing the rights of the parties of the proceedings. However, by carefully examining the relevant legislation, what the Supreme People’s Court on the interpretation of the Civil Procedure Law of the People’s Republic of China has established is still under the litigation censorship system that Civil Procedure Law of the People’s Republic of China remains. This “civil filing registration system" may be "a wolf in sheep’s clothing", which in fact remains to be the litigation censorship system. This practice can easily lead to chaos in People’s courts of all levels in the case filling work,therefore it would be difficult to achieve the legislative purpose of strengthening judicial protection of human rights and building a just, efficient and authoritative judicial system. Based on the analysis of nearly three years’ filing work data of China’s central province X City Court and the data of verdict of first instance not accepted and the first instance rejection of China’s central province since the filingregistration system implemented on the China Judgements Online, this article indicates that due to the judicial policy is too strong, the implementation of the rule of law is relatively falling behind, the judicial resource cannot satisfy the need of the national citizen in judicial resolution and the imperfectness of our liability of frivolous lawsuits behavior, in the practice area, many problems appear in our filing registration system such as the standard of filing registration is confusing, civil complaint requirements are high, national frivolous lawsuits behavior is increased and the problem that judges are less than cases becomes more unsolvable. In spite of these problems, the positive effect of human rights’ judicial protection on the filing registration system is greater than those negative aspects. As a result, in order to solve these problems and to fill the filling system with real power, and really let the people in every judicial case to enjoy the fairness and justice, our country can perfect the civil filing registration in terms of specific system construction, supporting system integration and malpractice prevention these three directions.