Font Size: a A A

Research Of The Civil Register Booking System

Posted on:2017-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:R Y XieFull Text:PDF
GTID:2296330485966669Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil register booking system is a system that the judiciary does not reviews the the substantial requirements of the lawsuit when the court receives the lawsuit from a party.The court shall register the case as long as the lawsuit is in accordance with the formal requirements.Its foundation theory is namely the theory of right of action, the principle of judicial final settlement,and the theory of procedural party.The civil register booking system is more in accord with the procedure lawsuit idea,because firstly it distinguishes the sue requirements from the litigation requirements,secondly in the civil register booking system,the scope of the court case is expanded,thirdly it makes court work more normative,this system protects the right of action adequately.The register examination system is replaced by the civil register booking system in our country’s judicial reforms in 2015.It is an important step for protecting the right of action and perfecting the civil procedure.The civil register booking system is still insufficient in practice, firstly it lacks detailed rules for working,there still exits the review of the substantial requirements,thirdly it lacks effective supervision and restriction mechanism.The civil register booking system brings challenges in our country,for example,cases of right of action abuse are rising, the contradiction between the case and the judge is little and so on.So it needs to perfect itself and the relevant theories of the register booking system and the relevant systems with its own reality,if it wants to practice well.It should introduce the theory of the procedural party,distinguish the sue requirements from the litigation requirements, establish the principle of judicial final settlement.Any needs to reconstruct civil register booking system,ensure the review process after the parties involved in case,strengthen the case supervision mechanism.At the same time also need to improve the relevant systems and measures,including perfecting diversified dispute settlement mechanism,setting up regulation rules of rampant litigation,strengthening the filing service measures.
Keywords/Search Tags:Register booking, register examination, sue requirements, litigation requirements
PDF Full Text Request
Related items