Font Size: a A A

The Analysis With Sociology Of Law On The Registration System Reform

Posted on:2017-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:C L ZhangFull Text:PDF
GTID:2336330488472769Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the judicial practice of our country, the issue of “filing is difficult” is a long-term criticism, and this has led to the criticism of the implementation of the filing review system. In order to better solve the difficult problem of filing and guarantee citizens' right to appeal, the party's Fourth Plenary Session proposed the filing review system instead of the registration system. Registration system which has been implemented shallbe accepted by the people's court case in accordance with the law, so that the legiti mate rights and interests of the parties to be effectively protected.The implementation of a system will not be plain sailing, no matter in the implementation or prior to implementation, the registration system has been a certain degree of doubt. However, this does not deny the value of the registration system. National courts gradually pilot implementation of the registration system, not only to solve the people's disputes, the maintenance of the legitimate rights and interests of the parties, but also to improve the judicial authority. Filing registration system how to development in the future to better play its value, how to face the new situation and new problems, how to better adapt to the needs of the development of the times to solve the problem for China's judicial reform and the construction of the rule of law has a close relati onship.The purpose of this paper is start from the sociology of law, through the analysis of the implementation of the registration system of some courts, to sum up the expe rience of its implementation to changes occurred in a year and puts forward the solution to the problem, in order to break the registration system for all kinds of questions,further to confirm the views from judges, experts and scholars. The sociological analysis of the law of registration system, on the one hand, we can further understand the history and current situation of the registration system. On the other hand, we can have a macro view of the overall interests of the society, so as to promote the registrati on system to play a better role, lay a solid foundation for China's judicial reform and legal system construction.In the introduction part, it mainly expounds the origin of the topic and the research reports, the significance and the method of the research. Through a brief overview of the relevant research results in China, we can get the writing ideas from this paper. The author intends to elaborate the topic from the following several parts.In the first part, the historical evolution of the implementation of the implementation of the registration system is introduced in detail from the filing and examination system to the registration system. Secondly, it expounds the dispute between the reform school and the opposition to lay the foundation for further confirmation of the registrati on system.The second part makes an empirical study on the implementation of the registration system of some courts through the method of Sociology of law, which is an analysis of the facts. there are not only have the horizontal(part of the provinces of the courts),and vertical comparison(part of the intermediate people's Court of the Yunnan province), and the acceptance of administrative cases in Hunan Province were summarized. The author summarizes the characteristics, the changes and the development trend of the courts' accepting case, and the purpose is to prove the view of the experts and scholars when introduced.The third part is about the theoretical analysis of the sociology of law on the new problem and solutions of the registration system. This part is mainly based on the case of the case and the conclusion drawn from the investigation, so as to solve the problem of the implementation of the registration system. In addition, the other court of inno vation initiatives are outlined.The fourth part is the interpretation of the direction of the registration system. After the judges, experts and scholars on the implementation of the registration system for the implementation of the new views and evaluation of the review, the author through their evaluation and the court investigation and registration system to make a general prediction.
Keywords/Search Tags:Registration system, filing examination system, sociology of law, the judicial reform
PDF Full Text Request
Related items