| The filing system in China's civil lawsuit is a very important judicial system,it is a necessary procedure to initiate litigation and protect the rights of the victim's entity,so the design of this system cannot be underestimated to the victim and social order.The"Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Administration by Law",which was adopted in 2014,indicate that"change the case acceptance system,reform the filing for registration and the case that the people's court should accept the case according to law Legislature,there is a suit,to protect the parties to sue.2015,The Supreme People's Court of the People's Republic of China on the application of the interpretation of the Civil Procedure Law of the People's Republic of China,which stipulates that the people,s court shall submit the civil complaint form to the parties,and if it is qualified,it shall register the case.Directly refused,the court to receive the relevant materials,and issued by the date of receipt of the written certificate.For non-integrity litigation acts such as abuse of the implementation of objections,malicious litigation,false litigation,etc.also provides measures.Subsequently,the "SPC on the People's Court on the registration of a number of issues" since May 1,2015 implementation,it is China's filing system reform provides a clear basis.This means that since then,the civil registration system in our country finally be able to determine down,opened a new chapter on China's filing system.At present,China's civil registration system has begun to run fully,there is no doubt that this system compared to the filing review mechanism has obvious advantages and progress,and is more important for the parties to exercise the full powers of litigation and to ensure justice in our country.But at the same time we should also realize that this system is relatively speaking,in our country is still a new,still need to further improve the system.Practice and operation has shown a lot of problems,and these issues are in urgent need to put forward our solution and response to the law,so this article through a comprehensive collection of domestic and foreign information,a deeper study of the system,to understand civil The nature of the registration system,so as to grasp the system environment,based on the proposed mechanism to improve China's civil registration system.This article hopes to discuss the civil litigation registration system at the theoretical level,and carry on the comprehensive analysis of the domestic and foreign system regulations.On the basis of discovering the new problems after the implementation of the registration system,Put forward some suggestions for perfecting the registration system.The article has four parts.The article first introduces the connotation of filing registration system,expounds and analyzes the definition and significance of the system,and studies its deep theoretical basis of theoretical theory,analyzes the advantages of filing registration system,and provides the relevant system Theoretical support.The second part of the paper is about the two major legal systems on behalf of the country's civil litigation registration system,the analysis of major countries related to the main content of the system and their respective characteristics,with a view to promoting the improvement of our system.Thirdly,it analyzes the new mode of filing registration for the promotion and mutual reference in our country's current practice,and sums up the four kinds of registration registration system.From the practical point of view,it is necessary to promote the registration system of our country.The last part is to face the new situation and new problems in the implementation of the registration system in our country.It is put forward that the system proposal should be improved from the aspects of standardizing the complaint,clarifying the infringement of tort liability,supervising mechanism and diversified solution system. |
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