| In China since May 1, 2015 across the country to carry out the implementation of the people's court's opinions on the filing registration system reform, the people's courts at all levels of litigation filing work from filing entry to filing registration system: the court for prosecution conform to the laws and regulations, shall be shall be subject to a complaint, register put on record on the spot. Effective as of February 4, 2015 of the supreme people's court about apply the civil procedure law of the People's Republic of China,the interpretation also has new rules for filing system: a complaint shall be submitted to conform to the requirements of the civil procedure law by the parties register put on record. These rules are intended to protect parties of litigation and effectively solve the "difficult to prosecute" for the masses of people to reflect the problem, it can be said that filing registration system is a significant step in the litigation right safeguard judicial practice in our country. So far, the filing registration system has been implemented is close to a year's time, although fruitful in terms of litigation right safeguard, but there are still some deficiencies need to be addressed. Past research of filing system mainly from the Angle of the procedural law, the research of scholars are mostly procedural law scholars, but the source file system is the guarantee of litigation, only from the perspective of procedural law is difficult to achieve the effect of curing research filed. So, the file system need to joint the basic human rights, his right to appeal from the height of the human rights to analyze the filing registration system should be how to perfect. This is also an innovation of this article, from the perspective of litigation right safeguard the case of the implementation of the new registration system in-depth research, but also to the high height, filing system research for the improvement of the system of judicial reform and litigation in the future and development of the topic.This article is divided into four parts altogether. The first part is the overview of litigious right safeguard and the filing system. First analyzes the theory of litigation right messy because of the definition of litigious right is not clear, combining relevant litigation right theory, to make this paper about the definition of litigious right: right is inherent people are born, the right to request the court trial of their dispute. Secondly, this paper introduces our country fully effective on May 1, 2015 filing system change, lead to litigation process of the change of security file system in China. Finally analyzes the significance of filing registration system in the litigation right of guarantee.The second part focuses on using data shows that after the implementation of the filing system in our country, the court cognizance number has increased dramatically, especially the cognizance of civil litigation. Court in dealing with civil prosecution basically achieved "shall put on record," filing registration system has basically achieved the expected target, which solve the problem of "difficult to prosecute", this is good news. But the filing registration system is not perfect, its specific implementation also has some problems, including court and two aspects of linking to the procedure law shall apply. Finally analyses the path of the filing system to carry out the perfect already has good theoretical and practical, constitutional and political foundation, and summarizes the litigation right under the security filing registration system of the target and direction.The third part expounds the scope of litigation right safeguard and the civil filing of relevant experience. This part from the continental law system and Anglo-American law system is analyzed respectively, pay attention to examine the history of the litigation right theory, the prosecution conditions abroad and legislative experience. At the same time of comparison and analysis of foreign experience, to improve the system of case law in our country and some thinking.The fourth part from the practice and theory two aspects, proposed the litigation right safeguard perspective filing system is a perfect way. First is the practical level, in view of the court filing registration system of specific issues, put forward the perfect register put on record and the related link of cohesion and establish standardized platform for the network file. The second is theoretical, including the conditions for modification registration system in the filed of the actionable range of dispute and expand from the legislative level to the corresponding filing system is perfect, can let the system to implement; Court shall not refuse to establish the judicial final solution and principles, and cancel some unreasonable prepositional procedure of litigation, banned the judge refused to the behavior of accepting cases; With the abuse of litigation right by the constitution regulation, offer more effective filing system safeguard. |
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