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The Problems And Countermeasures Of The Registration System In China

Posted on:2018-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
GTID:2346330515467474Subject:legal
Abstract/Summary:PDF Full Text Request
With the continuous improvement of China's judicial system reform,in May 2015 the formal registration system to replace the filing review system.The registration system reduces the threshold for filing,to provide a strong guarantee for the protection of the right to a certain extent,improve the judicial authority and judicial credibility,independent case registration system since the implementation of the number of cases of our country court has increased significantly,reflecting the good social public,registration system reform has achieved remarkable results,but there is no denying that in our country,and the judicial environment under the background of the system to produce the positive effect at the same time also brought a series of problems for the increasing number of people,the court case of conflicts and abusing litigation,wrapped In addition,as a new filing system,there are still a series of problems in the judicial practice of our country,such as the possibility of litigation is not clear,the structure of the review is unreasonable,and the supervision mechanism is not necessary.If we ignore these problems,the registration system will not be able to adapt to China's current social environment of increasing disputes,and the social function of the system should be greatly reduced at the beginning of the system design.For the smooth implementation of protection of China's registration system,so the research present situation and problems on operation of the registration system,based on the reference of foreign advanced and mature theory on practical experience combined with China's national conditions to learn,according to the specific problems in practice,put forward specific solutions is the key.In the country under the rule of law,justice as the last line of defense to resolve disputes should play its utmost to resolve social disputes,making the registration for the first valve to open the judicial relief.The effect of the implementation of the exercise of the right of appeal and the parties not only closely related,but also affects the realization of the rights and interests of the parties.The purpose of this study is that the registration system is a fresh new system in China,so far in less than two years time,no mature legislation system in the implementation process,in judicial practice is also groping forward.This system in the implementation of the beginning of problems and no ground for blame is inevitable,the evaluation of the registration system reform of our country must make the case fair,on the one hand to positive results of its reforms to be sure,but also dare to admit and deal with the problems in the implementation process.The act is not enough to go on its own.In practice,there are still many problems to be solved and improved.In the foreign filing system in the provisions of the registration conditions,examination standard,registration procedure and content more perfect,national registration system in practice operation is very smooth,and the construction of this system has a series of comprehensive supporting measures to ensure its operation.This paper adopts literature research method,comparative analysis method,functional analysis and so on,so the perfection of the legal system is not only behind closed doors,in the reality of our country,the registration system for reference only in combination with their national conditions on the basis of institutional arrangement of foreign advanced and mature,through to improve the implementation of the registration system of filing conditions,improve the filing procedure design,improve the diversification of the dispute settlement mechanism and other measures in a timely manner to solve the current problems on the registration system in practice,can better play the function of the system.
Keywords/Search Tags:Registration system, Formal examination, Prosecution conditions, Supervision mechanism
PDF Full Text Request
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