Study On The Applicable Standards For Case-Filing Register System Of New Civil Disputes

With the continuous development of society, the new civil disputes appear in people’s lives is also increasing. Since the case-filing register system implemented, due to the certain conflict between the legislative purpose and understanding, resulting in part of the new civil disputes right to appeal adverse protection, as well as the lack of new civil disputes caused by frivolous lawsuits filed limit easily understood. In this paper, starting from this problem were civil disputes and filing for new registration system elaborate, analyze difficulties in filing a civil registration system of new disputes. Further criteria for judging the necessity of introducing the interests of the new civil disputes complaints to be analyzed and adopted legislation on the status in China and abroad to explore the appeal of interest criteria and theoretical research to identify the interests of Enlightenment criteria of the new civil disputes and complaints reference. Finally, put forward legislative proposals to build a new civil disputes. The interests of judging criteria:Judge after the appeal has not expressly excluded the interests of a new type of civil disputes, protection of the constitutional rights of citizens should, in line with the basic principles of civil law and litigation the rights of the parties where there has been violation of the new civil disputes shall be considered to have the benefit of entering the appeal proceedings. In addition, the judge may by discretion of the new civil disputes itself is really necessary to resolve through litigation judge to determine whether or not the new civil disputes shall go into the proceedings. Through the introduction of new civil dispute complaint benefit criterion, while fully protect the right of appeal of the party control of frivolous lawsuits, so that the new civil dispute the legitimate interests of the parties are balanced.