| In case registration system in China after a period of time, Although largely solved the problem of "difficult to prosecute" in our country, But also appeared some new problems to come, The most important is about filing registration system for civil cases under review,Some scholars claim filing registration system, as long as to form the indictment of the parties to enter trial examining a case of trial, and some scholars argue that in the case after registering, lawsuit against lawsuits filed by the parties to the elements to review, review of qualified to enter into the proceedings. Due to the different claims that, in the judicial practice, the practice of different courts are different, which leads to the current mess about case review. So in the face of such a predicament, the author will initiate the registration system of civil case study of censorship, in order to clear the review criteria, to solve this kind of chaos phenomenon. The full text is divided into three parts.The first part is mainly to the understanding of the filing registration system, analysis of the case review system of waste storage "and relevant legal norms,this paper expounds the formation causes of filing registration system in our country as well as the background. According to the current situation of filing registration system at the same time, to analyze the problems existing in the filing registration system in China: a case registration system divided civil cases under review, as well as the impact of differences in the judicial practice. Followed by analysis on the reasons for this problem.The second part is mainly to filing registration system in our country the civil case examination patterns, and examination of the analysis of the necessity, the first in our country in the file system is expounded, review for civil cases by a "review, case" into "case- audit", the review into the due process, more in line with the procedural justice. And then through the analysis of examination in the role of judicial activities, optimize judicial resources and the relationship between censorship and rampant litigation behavior, which emphasizes the under the filing registration system to review the important role of civil cases.The third part is the main part of this article, it is also the purpose of writing this article, through the discussion of this part, the clear filing registration system under the civil case review standards: review of a complaint format that is charged before filing registration condition, after filing registration to the front of the trial to the plaintiff lawsuit brought a review of the action of crime. This part mainly from the examination content, examination results paper expounds two aspects respectively. Review content is mainly about the court’s action elements(from the head and under the jurisdiction of audit), the parties litigation elements(from the plaintiff defendant subject qualification standard review) and litigious requirements(from the claims and for review) were discussed. Review results mainly from the review results of prosecution conditions before filing registration, and after filing registration review results of litigation requirement analysis, the review results of prosecution conditions can be divided into the case after filing and inform the corrected on the spot, and put on record after registering for the elements of litigation review can be roughly divided into two kinds, also is a kind of trial smoothly into the program, one is to dismiss the suit brought by the parties. |
