Study On The Register Booking System Of The Civil Procedure

Filing procedure is related to people can smoothly into the judicial channels to seek judicial relief in the first "threshold", is to open the civil judicial remedy procedure for the first procedure, plays a pivotal role in the protection of the litigation rights of the parties concerned. Filing and registration to implement nearly a year after filing difficult problem has been a certain degree of ease, but civil litigation filing registration system, there still exist some problems, can not fully achieve the filing registration system to achieve the objectives of the reform. So on the registration system further research is very necessary, after knowing about the registration system of the theoretical and practical background put forward with constructive suggestions, so that the value of the system can be better achieved.The first is the theoretical basis of the system itself. The passive nature of the court's judicial makes no prosecution is no relief, there is no court filing procedure without the plaintiff's prosecution, and the theory of right of action constitutes the theoretical basis of the civil registration system. And from a series of documents filing registration reform can see the reform of the system is expected to is to the litigant's right of suit, so litigious right theory naturally became the theoretical foundation of civil litigation filing registration system. As the application of the registration is limited to a certain extent, this is the limit of judicial power based on the decision, and judging the case whether there is a charge to the court, "the benefit of litigation" to decide. So this theory has certain effect on the correct application of the registration system.Followed by the analysis of the main content of the system and the system is expected. Through the analysis of the relevant legislative documents, we can draw a conclusion that the settlement of "filing is difficult", which makes the litigant's litigation rights can be better realized. Combined with the Supreme Court in the work report in 2016, 95% of the spot registration filing rate, you can see that the reform of the filing system, there is a certain effect. However, due to not truly on the conditions of prosecution in the form of review, as well as the related supporting system is not perfect, so there is not really realize the reform targets that cannot be fully realized to guarantee the litigant right of suit.And then it analyzes the problems existing in the examination of the contents of the prosecution in the case of the registration of civil action, and puts forward some concrete suggestions to solve these problems. The filing review for registration, does not mean there is no longer review, just by the substantive examination turned to formal examination. However, the Civil Procedure Law of the People's Republic of China will blend of requirements of litigation into the prosecution condition, practice review of the prosecution condition will be mixed with the form of review and substantive review, therefore, the prosecution condition changes is very necessary. Want to remove the elements of the proceedings in the case of the filing stage, only need to conduct a formal review of the prosecution conditions can be removed out of the legal requirements of the review of the stage after filing. The conditions for prosecution reform is mainly the law condition of the lawsuit of the item by item analysis, then the doping elements of action are partly separated out. The main elements of the proceedings of the hearing part of the main analysis of the elements of the trial mode, phase and its relationship with the case of the substantive issues of the relationship between these three issues.Finally, in view of the limited nature of the registration system of civil litigation, the need to improve the relevant system, in order to better achieve the desired objectives of the system reform. Because of not less than the case of filing only by improving the registration system of its own, also need to improve the relevant supporting systems, such as the legal provisions of the new increase of mediation, can be streamed into the court in civil disputes through mediation, in addition, also need to handle the relationship between diversification and dispute resolution registration the offer of litigation and non litigation plural for parties to reasonably choose the relief way for the parties to the civil disputes, thereby reducing the number of inflow of court cases. The construction of pre registration system is a new attempt in the judicial practice, to solve the dispute resolution and file a better connection.