A Study On Operation Of File Register System Of Administrative Litigation

On the 4th plenary session of 18 th CPC Central Committee, it was put forward that the case acceptance system of people's court was changed from case filing investigation system to file register system and the people's court should ensure that the cases were placed on file and the lawsuits were managed. In accordance with the CPC central committee's requirements on “changing the case acceptance system from case filing investigation system to file register system”, the Supreme People's Court issued Opinion on Carrying out Reform of File Register System in People's Court, in which the case acceptance system of people's court was changed from case filing investigation system to file register system. The file register system is of far-reaching significance for protecting the party's just claim and promoting institutionalization of human rights protection and legalization level. The administrative litigation case is always a focused issue and the case filing is a “long-standing” problem, thus the reform of filing case system attracts wide attraction. Since the first day the administrative litigation law took effect, the mainstream media have endeavored to report the data on the case filing of administrative cases. Through the implementation of file register system in administrative litigation field, the difficulty to register for administrative litigation is solved to some extent; however, since the opportunity for implementing file register system of administrative litigation is not mature, the file register system has its own defects and the people's court is not sufficiently prepared for the reform of case filing system under the background of reform of the judicial system, many new problems of file register system appear in the juridical practice. If these problems can not be solved, the file register system may become a mere formality without truly guaranteeing the litigious right of the party and on the other hand, it may have an adverse effect on the smooth operation of judicial work in people's court. Hence, the file register system of administrative litigation cases should be studied and perfected so that its basic judicial concept and values can become social consensus so as to guide the masses to correctly execute litigation right and give full play to the function of file register system. In the educational circles, whether file register system is suitable for China and the urgent need of file register system for solving difficulty to register from the angle of guarantee of procedural rights instead of exploring the impact of file register system on the judicial actuality and its application in juridical practice from the angle of juridical practice. There are differences between the national situations of Britain, America, Germany and China, thus the supporting systems of case filing system can not be slavishly copied; instead, the supporting systems of case filing system conforming to the fundamental realities of our country should be used for reference on the basis of the value protected by Chinese file register system. In this thesis, starting from the development course and main contents of case filing, the restricted conditions for smoothly implementing file register system are discussed through analyzing the current situation of judicial reform and administrative litigation. The data and instances are used to explain the problems in the implementation process of file register system and analyze the reasons and grave consequences if not resolved; moreover, through comparing the file register system and foreign case filing systems, the feasibility for constructing the supporting systems of file register system is demonstrated. On this basis, the countermeasures for solving the problems during the operation of file register system is put forward through summarizing the experience in juridical practice.