Study On The Reform Of Civil Case-filing System In China

Case-filing system demonstrates the litigation idea of a legal state. During the transition of inquisitorial system to adversary system, we chosen filing registration mode as our case-filing system instead of case review mode. The following screening function of case review mode smoothed the contradiction between the increasing judicial need of Chinese people and the hysteresis of Chinese court's judicial ability. But, the damage of just claim of both parties cannot be tolerated. Thus, giving up case review mode is an inevitable trend. Just claim is an important content of human rights. Protecting just claim is a common goal of all legal states. In fact, filing registration mode is widespread used in both common law system and civil law system. The core of filing registration mode is to protect just claim. So, choosing filing registration mode as our case-filing system is a certain result of the development of modern rule of law. Also, it is a response to "making every Chinese people feel fairness and justice in every legal case", which is advocated by the party central committee. The number of filing cases in recent two years revealed the remarkable result of using filing registration mode. As we all know, every transplant of a system has it own process. On the condition of lacking matched measures and judicial resources, filing registration mode in China has many problems. If we cannot solve it, the just claim of Chinese people will never be well-protected, which may also cause the confusion inside the judicial office. So, the most important of current issue is how to avoid the disadvantages of filing registration mode.The object of this paper is the case-filing system of first-instance civil procedure.Combining with theory and reality, I analyzed the relationship and mode of all case-filing system. This paper has four parts. First, I explained the concept of case-filing system and introduce several different mode of case-filing system. On the second part, I illustrated the history of Chinese case-filing system. By comparing the case review mode and the filing registration mode, I summarized the advantages of filing registration mode. Then, I analyzed the data of filing cases of Chinese court. Based on the analysis, I discussed the achievement and problems of filing registration mode on the third part. At last, in order to solve all these problems, I made some suggestions on the last part.