A Study On Case Filing Investigation In Case-filing Register System

Opinions on Case-filing Register System Reform of People's Courts(hereinafter referred to as Opinions on Register Reform of Central Government)was officially carried out on May 1,2015.Regulations on Several Problems of File Register of People's Courts(hereinafter referred to as Regulations on File Register)carried out on the same day is a legal document the Supreme Judicial Court uses to guide the judicial system to implement concretely according to the requirements of Central Government.These two files are the symbolic files for the formal establishment and overall implementation of case-filing register system.On the Fourth Plenary Session of the 18 th CCCP,our party made a decision to fully implement case-filing register system reform,which was an important reform action posed during judicial reform process and a crucial link for promoting judicial reform progress.The thorough implementation of case-filing register system reform is the first procedure of judicial adjudication reform and the entrance for the masses to enter into judicial procedure so that the masses can be keenly aware of the judicial authority and fairness and justice at the “entrance” of people's court.It is also one of the important measures for vigorously promoting reform of judicial system based on the “four comprehensive” strategic layouts.The starting point and fundamental objective of case-filing register system reform is to ensure that the litigant can exercise the right of action justly when the court accepts and hears social disputes.It turns out that through such reform,the disadvantages of inconsistent and hypercritical requirements of prosecution and exorbitant starting point of legal proceeding can be overcome and the litigant's right of action in legislation and practice can be guaranteed.Whether the case-filing register system is rejecting case filing investigation and how to make case filing investigation under the case-filing register system are the problems all the judges should face.In trial practice,it is inconceivable to file case without investigating the pleadings,which will inevitably bring disastrous results.The next problem is how to investigate so as to effectively protect litigant's right of action as well as the effective utilization of judicial resources in people's court without excessive litigation or repeated-appealing.The case-filing register system reform has been carried out for more than two years and the author who is a judge in register court of intermediate court strives to complete this thesis based on the investigation and reflection on the working practice of case filing investigation in people's court.The core problem to be solved in this thesis is how the case filing investigation of people's court can meet the legislative demands and requirements of case-filing register system reform under the background of case-filing register system reform.In this thesis,under the background of case-filing register system reform,the uniform rules and scales people's court should abide by in the case filing investigation of juridical practice are summarized under the general background of case-filing register system reform on the basis of the thorough legislative and academic analysis on formal examination and substantive examination of filing and case filing investigation changes before and after reforming through building correct case filing investigation concept so as to provide some valuable references for case filing investigation so that the initial initial of upper-hierarchy on case-filing register system reform can be realized.This thesis can be divided into four parts:The first part is about the changes of case filing investigation under case-filing register system.In this part,the changes of case filing practice before and after reform are introduced from concept,content and procedure changes of case filing investigation together with the corresponding theoretical analyses and the main focus is on the introduction of case filing investigation implementation method and current situation of judicial work in court.The second part is about the content of case filing investigation at this stage.In this thesis,the application of investigation rules are introduced from subject qualification,document scope and jurisdiction investigations.All the common problems appeared in investigation of each aspect are analyzed with the corresponding treatment methods.The second part is about the three major problems concluded and summarized according to the actual situation of case filing investigation at this stage.The first one refers to the case filing investigation problems after implementation of new case number regulations,mainly referring to the new problems of case filing investigation after the formal implementation of Provisions on Case Number of People's Court(hereinafter referred to as Regulations on Case Number)on New Year's day of 2016.Through the thorough analysis on the roots of such new problems,the solutions are discussed from the angle of case filing investigation working practice and corresponding suggestions are given.The second one refers to law application problems of case filing investigation.How the regulations on prosecution requirements of all cases in the three procedural laws of China can be comprehended and applied correctly in case filing investigation procedure is expounded.The third one is interpretation right problem of case filing investigation;in legislation,there are only principle regulations on how the judge should exercise interpretation right in case filing investigation work without provisions on specific item,content and scope and thus the major practices in practice are listed and analyzed.The fourth part is about the perfection of case filing investigation.This is a part for solving problems and narrating main idea of the author.The correct concepts and rules that should be obeyed in case filing investigation are summarized from mastery of case filing investigation scope and limitation and due procedure of case filing investigation so as to realize the legislative intent of case-filing register system reform and play a positive role in social progress and national development.