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Talk About The Civil Case After The Effective Date Of Registration System

Posted on:2018-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y T WangFull Text:PDF
GTID:2346330512990440Subject:legal
Abstract/Summary:PDF Full Text Request
Civil case system mainly by the civil procedure law and judicial interpretation, on the entity, procedure and supporting system with rich connotations. The establishment of the civil case registration system is a big step forward in the development of the civil procedure law. Filing registration system is about civil cases accepted by the system, is one of the important systems in civil procedure law. Filing is the beginning of the civil lawsuit activity, once the people's court for prosecution, means the official start of the litigation activity. Traditional filing system in academic circles and judicial practice known as "filing entry", is also thought to be the main cause of the "difficult". Reform legislation system calls to get the support of theory and practice, so the system of civil case by case review to initiate the registration system is the progress of the rule of law,democracy and respect for human rights safeguard public litigation progress.Civil case system arises at the historic moment, not only can alleviate social has been widely reasoning "hard" problem, since filing registration system implementation,proliferation cases, the people's enthusiasm, bringing great mass action, reduce the parties v. tired, all kinds of cases increased significantly. Filing system, meanwhile,also have some problems in the implementation process,prone to litigation explosion,people less, the judge burden, the problem such as abuse of litigation is increasing. But if these problems can not be solved very well, not only cannot promote the filing registration system develop smoothly, may also cause other social contradictions.In this paper, by theoretical analysis, comparative study and empirical analysis method,emphatically analyzes the filing system and other correlation system, find out the filing registration system under the existing system of cohesion is not appropriate. In order to can promote by adjusting the related system and build the filing system after the reform smoothly.This text mainly has the following these parts.The first part, first of all, get to know about the current situation of the macroscopic system of civil filing registration, filing system reform are analyzed comprehensively in the background and present a case of the necessity of the registration system, and also to put on record to censorship filing registration system transformation of legal interpretation, the second to put on record registration system is closely related to the system of fundamental analysis, which mainly defense system, the judge Shi Ming system, litigation supervision system, v. docking system as an example, and the filing registration system and cohesion system are defined. The second part is to analyze the case within reform of existing problems in less than two years. In this part, respectively,from the legal level and operation level under consideration filing registration system problems, first of all, from the legislative level analysis factors trigger a filing registration fault line problems, secondly summarized in practical operation. The third part is for filing registration system derived the shortcomings of idea are put forward.The author respectively from Shi Ming system, supervision system, diversified dispute settlement mechanism Angle to illustrate how to improve the system of related cohesion by filing registration system advantage maximization.This article hopes to a deep analysis of filing system, it is concluded that the plight of filing registration system in our country to implement, and on the basis of the Suggestions for the perfection of filing system.
Keywords/Search Tags:Filing Registration System, The Docking System, Abuse of Litigation
PDF Full Text Request
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