Research On The System Of Civil Registration In China

2016 is the implementation of the registration system after the first year,in theory,the registration system seems to reduce the threshold of the case accepted to protect the parties to the dispute,but I found that the face of the new filing system,the court still Followed by the practice of the past-the acceptance of the case to "legitimacy restrictions." In the past,the court,by relieving the pressure brought by a large number of cases,or avoiding sensitive cases,prevented the case from being transferred out of the case by judicial policy,or where there was an obstacle to the prosecution of the parties.Court judges in the procedural violations,or beyond the law of the case of the admissibility of the judicial policy adjustments to the parties to set up the practice of prosecution obstacles will cause the public to the legal norms of confusion.Through the investigation of the status quo of the implementation of the system and the existing means of supervision,the author believes that the filing supervision mechanism can be set up.When the judge of the standing court is not literate,it is determined that it does not issue a written certificate,the parties form a complaint through the relevant materials.The petition office feedback to the filing supervision department,by the filing supervision department directly to the parties to the indictment to accept or ruling,and regulate the acts of the judge on behalf of the law and discipline.To solve the problem of the implementation of the registration system is the starting point and the foothold of this thesis.The first part of this thesis introduces the current situation and practice of the legislation of the registration system in China.Through the observation and understanding of the practice status,the problems of the implementation of the current registration system are:the existence of judicial policy adjustment means,so that the parties and judges The cognition of the norms is different;the cost of citizens' prosecution is still too high;and the practice of judges in violation of laws and regulations hinder the implementation of the registration system.The second part analyzes the reasons leading to the above problems from the perspective of the real social background and the characteristics and function structure of the filing registration system.The deepening of the concept of "heaven entity and lighten procedure",the complexity of the system and the lack of gaps in the supervision mechanism have led to the three main problems described in the first part of this paper.The third part introduces the case acceptance system of some countries outside the country,mainly concerned with the four countries of Germany,Japan,Britain and the United States,and analyzes the case system of these countries,discusses the content of the corresponding foreign system,and the two legal systems The case between the admissibility of the system,from which to find a reference to our ideas and practices.The fourth part is to perfect the personal registration system of our country.First,strictly control the scope of judicial policy adjustment;second,to clarify the scope of the case;third,the establishment of filing supervision mechanism to fill the system docking blank;fourth,supporting the corresponding case triage system;and the last,fasten the process online.