| The case-filing registration system was first proposed by Professor Jiang Wei in the"Civil Action Amendment Draft(third draft)",he believes that as long as the parties submit the complaint in line with the requirements of the format requirements,The court should place it on file,with no need to review.Implement the review of indictment conditions after case registered,it’s the only way to solve the problem of difficult to prosecute and effectively protect the parties’ the right to sue.There are always arguments about the admissibility of the two modes of filing review and filing registration,with the deepening of legal concept as well as more and more problems off,difficult to file cases" under the original case-filing system,in order to solve the problems of "difficult to file case" and protect the parties claim procedurally,the Fourth Plenary Session of the Eighteenth Central Committee determined the implementation of the registration system ultimately in 2014,.The paper is divided into four parts.The first part is to comb the background of the case-filing registration system.The direct cause to implement registration is to solve the problem of "difficult to file cases",furthermore although there are more "administrative disputes" but less "administrative cases".This part introduces the reasons of "difficult to file cases" as well as the phenomenon and reason of more "administrative disputes" and less "administrative cases".The second part elaborates the institutional structure of the registration system.First of all,through analyzing the shift of filing review to filing registration indicates the case-filing registration system’s response to the first part.Then,through the analysis of the internal norm and the external environment explores the nature of the registration system and the influence of the existing judicial system on case-filling registration system’s implementation.The third part discusses the existing problems of the registration system.The problems mainly include its own legislative technical issues,the linking problems with other systems in the judicial background and the existing problems in the process of the registration system’s implementation.The fourth part briefly discusses the perfection of the registration system.The five countermeasures in this section correspond to the third part’s problems respectively,trying to improve the registration system through the relevant countermeasures,to better play the purpose of case-filing registration system and maximize the parties’ just claim procedurally.The conclusion summarizes the paper. |
