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Study On Registering System Of Civil Filing Cases In China

Posted on:2017-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:S S WangFull Text:PDF
GTID:2296330485987741Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil procedure is the countries litigation activities for reasonable litigation resolving dispute. The purpose is to make the dislocation of the legal relationship between the return to normal order. Therefore, the civil action has the dual characteristics of procedural justice and procedural protection.The eighteen Party’s fourth plenary session clearly, “Reform case acceptance system, Timely acceptance of cases accepted by the people’s court in accordance with the law”. In April 15, 2015 the Supreme People’s Court issued the "people’s Court on the implementation of the registration system reform opinions." The "registration system" officially appeared in China’s court official texts. China’s civil litigation filing registration system is refers to the court of civil litigation sued the complaint submitted for registration, and, in accordance with the statutory conditions for prosecution to review and decide whether or not to accept the case system. However, whether the registration system can meetthe system design requirements, it needs to be further tested in practice.Therefore, this article takes the legal profession as the research object for the evaluation of the operation of the registration system. In this paper, empirical research methods of "prosecution difficult" situation and the impact of factors such as the content of empirical research, summed up the three kinds of "prosecution difficult" situation is non acception the prosecution, Deferred accepting prosecution, delay, and so on. In this paper, we investigate the relationship between the case and the influencing factors by quantitative model, and then put forward a specific solution. After we know the current situation of legislation and practice of the registration system, This paper further studies the theory of procedural elements and the system of foreign filing. In the end, the article proposes that we should pay attention to the origin of litigation policy. Secondly, we should improve the supervision system for filing the case and need to pay attention to the ADR system. Finally, with the reform of the current civil litigation prosecution conditions as the basis, this paper constructs the registering system of civil filing cases including prosecution conditions review procedure and review procedure of requirement for litigation constitution.
Keywords/Search Tags:Civil Procedure, Constitutive elements of litigation, Registering system of civil filing cases, System perfection
PDF Full Text Request
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