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A Study On The Civil Registration System In China

Posted on:2018-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y NiuFull Text:PDF
GTID:2346330515969885Subject:Litigation
Abstract/Summary:PDF Full Text Request
Prosecution is the necessary act of connecting the parties and the court,both the beginning of the exercise of the right of action and the rationality of the jurisdiction.The filing marks the effect of the prosecution of the parties in the case of the admissibility of the case and the court.The implementation of civil registration system is conducive to the protection of the parties to effectively exercise the right to sue,in the context of extreme shortage of judicial resources to resolve civil disputes,reflecting the value of procedural justice,to maintain the authority and credibility of justice.China's civil case acceptance system reform in 2015,to amend the conditions for prosecution,change the case for the civil registration system,reduce the threshold of prosecution,the conditions of prosecution to do the form of review,on the spot rate as high as 95%,successfully resolved China's judicial practice for many years "Prosecution difficult" problem,and effectively protect the parties to prosecute the right to "every person in every case to feel fair and justice" to create favorable conditions,but the reform of the civil case acceptance system is still a little problem,was widely criticized,After the registration system,the court received a sharp increase in the number of cases,especially the grass-roots courts,"more people less" contradictions increasingly sharp;the court before the case for the first mediation of the case,the first mediation is the exercise of the court's performance,but not yet The right to exercise the jurisdiction of the court is the basis for the exercise of the judicial power and the parties to the right to sue,the right to decide the scope of the trial,the right to trial is the basis of the right to trial,,If the relationship between the two reversed,more detrimental to the parties to the right of protection However,it is still confused with the requirements of litigation and litigation,the conditions of prosecution are simply understood as whether the case can enter the conditions of the proceedings,the litigation is the case after the case into the proceedings,the case of the case,The judge ruled that the conditions of the case,but the current legal norms,but the review of the substantive issues before the case in the prosecution.To solve the existing problems of civil registration system in China,to help improve the system of registration and development,but also for the theoretical and practical issues of common concern,straighten out the registration and the "first mediation" between the relationship,respect for the parties since the autonomy Right,parallel set up mediation room and court case,and learn from the United States mediation system in the "essence" part,enrich the contents of the first mediation;to resolve the contradiction between the trial power and the right to sue the right to move into the constitution,and improve the procedural law on the registration system To optimize the integration of the judicial resources,to guide the diversification of disputes,to optimize the internal staffing of the court,to determine the conditions of the prosecution,to prosecute the lawsuit,Simple civil cases formatted,and ultimately meet the people's growing demand for judicial services.
Keywords/Search Tags:Status quo, problem, Prosecution requirements, Litigation
PDF Full Text Request
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