Research On The Case-filing Register System

The Resolution of the CPC Central Committee on Certain Major Issues Concerning Comprehensively Advancing the Law-Based Governance of China approved by The Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China takes the reform of accreditation as an important element of judicial reform, says explicitly “change case-filing review system into case-filing register system”, and this is undoubtedly of great significance to resolve the difficulty of case-filing. And since case-filing register system' implementation, from the data published by Supreme People's Court and social response, it has achieved some results. But from the point of the existing legal provisions on the case-filing register system, case-filing register system doesn't make many changes to case-filing review system, especially without changing prosecution conditions. The only change is mainly embodied in dealing with procedural matters of filing procedure. However the main cause of the difficulty of case-filing is the high order of prosecution conditions. Without changing the conditions of prosecution, how can case-filing register system obtain good results, and how to solve the long-standing difficulty of case-filing? This is a problem to be necessarily solved for deepening the reform of case-filing register system.Through the analysis of the system expectation of case-filing register system, we can find that promoting the case-filing register system will has two kinds of meaning. Firstly, it is hoped that making the party's prosecution easily file to court. Secondly, it is not hoped that breaking through the legal provisions of civil procedure act, as well making the result of registration is convinced by the parties while considering the above two aspects. It can solve the above difficult problems only in the consideration of the three aspects. However, scholars and the practical organs do not seem to provide specific intellectual support for how to build the case-filing register system which based on the old conditions for prosecution during the discussion of case-filing register system. The author believes that in order to consider the system expectation of case-filing register system, we must build the theoretical framework of case-filing register system, which includes the following three basic principles, the first basic principle is insisted on the formal examination, the second is strengthening procedural guarantees and the third is giving priority to efficiency values.How to make the formal examination of prosecution conditions is the major challenge of case-filing register system for the prosecution conditions has long been considered including the content of substantive examination, namely, it is unavoidable that the court have to execute the substantive examination when examine prosecution conditions. However, the author thinks that it can implement the formal examination by the ways of learning from other theories, freshly interpreting laws and changing the order of examination. As is generally believed that the jurisdiction of the courts of the plaintiff qualifications and the two substantial examination items, for example, if the causality in the plaintiff qualification standards as "interested" existence will inevitably must carry on the examination as to substance, But if using from the Angle of the standard protection purpose to the way that you can take the form of censorship, since the standard is will be whether the plaintiffs claim is explicitly protect interests as that of the plaintiff qualification standards, so only the interpretation of the law, is not involved in the case of physical problems. Form in the jurisdiction of the court to review the difficulties in contract disputes in the contract is to determine the jurisdiction of the court, judicial interpretations and practices are in accordance with the contract types to confirm the contract, and to determine the contract type is inevitable to review the case of the substantive issues. First introduced the new judicial interpretation of the civil procedure law from the perspective of procedural law to determine the practice of contract, it's for the form of the jurisdiction of the court review provides a possibility, in accordance with, the only need to according to the place of the plaintiff's claim to contract, relative to the type according to the contract to determine the contract is more simple and intuitive, but also more conducive to protect the interests of the plaintiff. To form review of prosecution conditions, is by lowering the level of scrutiny to solve the "difficult", the purpose of review degree is reduced, the parties can be very easy to enter the court for prosecution.Formal examination can alleviate the difficulty of filing a case to some extent, but it doesn't mean non-examining. Besides, the lawsuit filed by plaintiff is not accepted by the court without any obstacles. The objectives of fully ensuring plaintiff's interest and lowering the impact when the court rejects to put on record can be achieved through file procedure design. In fact, some courts have comparatively matured experiences in constructing case registration. Comparing some practices of four representative high courts in Beijing, the author believes that the plaintiff's interest can be effectively guaranteed when register and registering separation, investigation and interpretation are implemented in the case registration. Because there is no investigation in registration and the registered lawsuit starting time can make plaintiff's prosecution be totally accepted by court. At the same time, when the plaintiff's prosecution is brought into judicial process management during registration, there is real-time monitor. Moreover, interpretation can make sure that plaintiff is more likely to accept the requirement of supplementing missing material and the decision of not filing a case. However, efficiency value penetrates the confirmation of formal examination methods and the building of file procedure, guiding both of them. In conclusion, the conflicts between the plaintiff's lawsuits accepted or not by court and the investigation of indicting condition stipulated by law can be effectively eased by regulating formal examination means of prosecution condition and establishing file procedure.