Study On Consummation Of China's Prosecution And Defense System From Aspect Of Promoting The Proceedings

The fourth plenary session of the Eighteenth Communist Party Central Committee has set the target of replacing case-filing review system with case-filing register system. However, the requirements of prosecution do not change, neither do the examinations of Prosecution Court. The case-filing register system essentially continues case-filing review system, and numerous problems due to case-filing review system still exist. According to today's judicial and legislative situation of prosecution and reply system, the major problems of our case-filing review system and corresponding reply system are that the requirements of prosecution are unreasonable, the contents and functions of the pleading are confused, the jurisdiction is abused, and the reply is formalism. The reasons of these problems are the features of primary stage of the rule of law, the influence of conventional litigation mode, and the weakness of procedural theory and imperfection of related theories. The problems of prosecution and reply system, to some extent, have become one of the reasons of action delay. From the litigation acceleration's point of view, improving prosecution and reply system has become the inevitable requirement of increasing litigation efficiency. Learning from two law system's experience, reform and improvement of prosecution and reply system is quite necessary, and it should be carried out on the condition of following the principle of equity of litigation right, honesty and credibility, and reasonable reference to foreign legislation. Seeing from litigation acceleration, the prosecution system, reply system and other related systems can be reformed, so that the function and value of prosecution and reply system can be adequately performed to guarantee litigant's rights and increase litigation efficiency.Except for introduction and peroration, the thesis consists of five parts, including:Part one, it states the meaning and legislative status of our prosecution and reply system, and it presents, in the context of current system and legal provisions, the major problems of prosecution and reply system are that the requirements of prosecution are unreasonable, the contents and functions of the pleading are confused, the jurisdiction is abused, and the reply is formalism. In addition, it analyzes the reasons of these problems from four aspects including primary stage of the rule of law, the influence of conventional litigation mode, and the weakness of procedural theory and imperfection of related theories.Part two, it firstly introduces the origin, content and legal consequences of obligation of litigation acceleration. Then it states action delay of current system according to the problems of our prosecution and reply system. At last, it concludes that the perfection of prosecution and reply system is the inevitable requirement and result of litigation acceleration.Part three, it elaborates the prosecution and reply system of the United Kingdom and the United State of America of common law system as well as Germany and Japan of civil law system. Through comparison of two law system, it raises that although there is difference, the two law system have some similarities in the formalization of prosecution requirements, compulsory reply system and the modification and supplement of charging document.Part four, it states that the perfection of prosecution and reply system is the feature of the reform of case-filing system, the inevitable requirement of the transformation of civil litigation mode, and the demand of the improvement of pretrial procedure. Meanwhile, it states that the perfection of prosecution and reply system should be carried out by following the principle of equity of litigation right, honesty and credibility, and reasonable reference to foreign legislation.Part five, it elaborates the means of constructing and improving the prosecution and reply system. In prosecution aspect, it put forwards the rebuild of pleadings and the modification of prosecution requirements. In reply aspect, it suggests to establish defense invalidity system and clarify the content of the reply. At last, it suggests to establish additions and corrections rules and authenticity rules of prosecution and reply documents and to construct some other related systems to further improve prosecution and reply system.