Theory Of The Filing Registration System

In the filing censorship system, Difficulty in filing exists in the practice of civil litigation. This has led many people to be fierce defenders to safeguard their own interests, without the hope to seek judicial relief. With the carring out of new round of judicial reform, the filing censorship system have been changed to the filing registration system in many courts. But in the actual implementation process, some parties and even some lawyers don’t understand the filing registration system, mistaking that all cases must be unconditionally accepted under the filing registration system. In fact, the filing registration system requires that courts must accept the case when there is a premise:"case belongs to scope that the people’s court shall accept" and the parties’ prosecution meet the conditions for admissibility.Filing registration system provides conditions for court under which courts must accepted the prosecution case, the difference between this conditions under the filing registration system and the scope of the prosecution case under the filing review system leads to entirely different consequences in practice. To understand the difference between filing censorship system and the filing registration system, we need to understand the difference of related concepts. Among them, the are some confusing between the conditions of admissibility and requirements of prosecution. this thesis compared case acceptance conditions under the regulations in China and the requirements of prosecution in other contries taking the mainland legal system to determine usage and content of related concepts in the filing registration system.There exists many problems of the filing censorship system in China, like the garble of the conditions for prosecution and the requirements of litigation, the confusion of the structure and function of filing review in logic, and the high threshold for filing. This leads to the illegality of dispute resolution. Some scholars have proposed to reform our civil filing system for a long time. Compared with filing censorship system, filing registration system has the following theoretical and practical significance:in filing registration system, the judges insist on the form of registration to protect procedural justice effectively that the parties involve the case. It can change the situation that the review conflict with the trial in cases under the filing censorship system, separate the structure and function of agencies in the court effectively, and realize the separation of filing and censorship; this system classified The right of appeal as the category of human rights, protecting the human rights of the parties to resort to the courts to resolve disputes of fundamental; Filing procedure is changed to security the parties’ right to appeal from the terms of mandate intervention to prevent the claim of interventions in filing. The protection of the right to appeal for subject is conducive to transform China’s social and cultural from tired to appeal to trust litigation dispute resolution in approach, it’s also conducive to the unity of judicial.However, the filing registration system may bring difficulties in practice, including entanglement and spread in litigation, increasing the burden for judges, wasting limited judicial resources and so on. We should take the following measures to adjust the filing registration system: Firstly, we should clear the acceptance range of cases, clearly define the predetermined condition which the complaint should reach to, disclosure programs of filing, which can abuse entanglement and spread in litigation. Secondly, triage management should be taken in whether the trial of the case is admissible and whether to grant the right to appeal for dismissed cases, to reduce the burden for judges. Thirdly, Case Filing Chamber must be changed into the registry of filing, straighten out the relationship of the structure and function for personnel and internal organization of the court, avoid to waste limited judicial resources.