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On The Improvement Of Civil Registration System First Instance Filing

Posted on:2017-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:L L PeiFull Text:PDF
GTID:2346330503490354Subject:Law
Abstract/Summary:PDF Full Text Request
Filing registration system reform is an important step in the reform of the judiciary, to improve China’s "difficult to prosecute" phenomenon, to protect the right to appeal the parties have a very important significance. Implementation of filing of the registration system, this should be accompanied by reform of the conditions for prosecution, supporting systems simultaneously, otherwise, the filing of the registration system system functions will not play to protect the parties the right to appeal will be an empty promise, therefore, Based on our filing registration system conduct research to improve the system for supporting the angle of the filing of the registration system to analyze the problems, and by drawing on relevant research results.This paper is divided into four parts. The first part introduces the first instance of the civil registration system to initiate the concept of Civil Procedure and to review the way the law on filing system. By introducing these basic concepts, methods, leads to filing of the registration system problems and causes of the problems.The second part is to propose the filing of the civil registration system and the reasons for the problems on the basis of the first portion. Specific performance: the conditions for prosecution and litigation confused conditions, lack of procedural party concept, relatively narrow scope of the case, and inadequate supporting program. These problems and the reason was explained, the main cause of these problems include: the imbalance of the right to appeal and judicial relations, because our long-term judicial system and judicial philosophy, China’s "heavy entity light procedure" traditional thinking, there is a system for filing review system dependent.The third part introduces the two legal provisions on major national filing system. This section describes the relevant system in Germany, Japan, the United States, Britain, and critical analysis of these systems and, finally, the Enlightenment, and to improve our filing registration system play a reference.The fourth part of the filing of the registration system of perfect recommendations. This part is based on the second part and the third part of the two legal systems countries of advanced systems and concepts to improve our filing registration system made a number of recommendations, including the reform of the reform of the conditions for prosecution, the distinction between elements of litigation and prosecution elements, increase parties to the proceedings concept, reform the court filing functions, improve the supporting system, for the filing of a registration system reform to provide a little thinking.
Keywords/Search Tags:Right of action, File system, Filing registration system
PDF Full Text Request
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