The Study Of Civil Case Filing System

As the initiating process of a civil suit,the civil registration process plays an important part in both court and litigants.However,the system of civil filing cases which was established by the Civil Procedure Law is objected by the academia,for the reason that it plays an extremely negative effect on the right to appeal of the parties.Meanwhile,the academia consider that we should learn it from the advanced foreign countries.But at the present stage,the limitation of the judicial resource and other reasons make the registration system necessary and rational.At the same time,it must be noticed that the existing system of civil filing cases exists many problems in the judicial practice,which limits the parties to exercise their right of action.As a result,it is necessary to modify and improve it.The thesis will be divided to five parts.Introduction.By discussing the controversy of the system of civil filing cases between the academia and the judicial practice,the rationality and necessity of the existing system of civil filing case in China will be indicated.At the same time,the registration obstacles exists in judicial practice,therefore the system must be modified.Part two,the collation and stipulation of the registration process in China.After analyzing the registration process regulated in the relevant laws like the Civil Procedure Law and judicial interpretations,the existing registration process will be generated and collated.Then through discussing the theory of the review standards in civil registration process,the registration process will be illustrated comprehensively.Part three,introspection of registration process in China.Firstly,after investigation and analysis,this part will conclude that “the difficulty of registration” is not very striking.Then the writer tries to find out the reasons that what prevents the parties exercise their right of action.After the analysis of the existing system of civil filing cases,three reasons are concluded,i.e.System defect,judicial obstacles and reasons beyond the process.Part four,suggestions for improving the registration system in China.Through combining the analysis of the obstacles in registration process and the judicial situation at present,the writer holds the opinion that the revision of registration process must insist on valid guidance concept.At the same time,the civil registration process must be modified and improved in three aspects: firstly,decreasing the institutional registration standard;secondly,eliminating the judicial administrative tendency;thirdly,improving the registration remedy approaches.The last part in the thesis discusses the rationality of the existing system of civil registration and the necessity of improving the registration process again.