Study On The Civil Case-filing System

The civil case-filing system is the first step of the civil procedure that the subject of litigation entering into,which is so important because it matters that whether the just-claim of the litigation subject can be secured,whether the substantive right can be achieved.Before the file registration system being put into force in February 4,2015,the file review system had been implementing for more than 20 years,which put a strict regulation on conditions of bringing a lawsuit,making some obstacles for the litigation subject to bring a lawsuit,therefor there is a nationwide discussion on “difficulties in bringing a lawsuit”.On February 4,2015,the 2015 judicial interpretation of civil procedural law was put into force,which setting up the file registration system in the civil case-filing system in china for the first time,which is of great importance in civil procedure law,and to some extent,difficulties in bringing a lawsuit were solved.Meanwhile,by the way of judicial interpretation to promote the reform of the system is not complete,there is still a long way to go.The conditions of bringing a lawsuit regulated in the 2012 civil procedure law does not cease to be effective,there are still some obstacles in bringing a lawsuit.y the method of studying on the theories of the civil case-filing system,exploring the foreign system relatively,this article wants to focus on three questions as following:1.the defect of the file registration system;2.will we come up with the problems that mentioned by the objectors;3.further reform proposal of the file registration system.This article is divided into four parts.The first part mainly focus on the summary of the civil case-filing system,from the perspective of the definition,the relationship between the conditions of bringing a lawsuit and the civil case-filing system,the history of the civil case-filing system in china,to make comments on how to set up a good civil case-filing system.The second part mainly inspects the civil case-filing system from a comparative point of view.Exploring on the foreign theories and judicial practice,to find some reference value for china.Based on the conclusions on the second part,the third part mainly makes comments on the current file registration system,from the perspective of legislation and judicial practice,to find the defect of the file registration system,based on this,analyzing the process of this reform.What's more,in the light of data investigation,analyzing the effectiveness of the current file registration system.The last part is mainly focused on the further reform proposal of the file registration system,which is in the light of the domestic and the foreign reference value,and the theories on the civil case-filing system as well as the judicial practice.