A Research On The Reform Of Civil Case-filing System In China

The Civil Procedure Law of our country doesn't specially define “registration ”but use the rule of “prosecution and acceptance” in the ordinary procedure of first instance.The civil litigation filing system is a combined term of all the systems in registration,which includes prosecution system and acceptance system but not limited to them.This paper is based on the analysis of two registration reforms of“case-filing register system” and “cross-domain registration”,online registration in judicial practice.In the consideration of the legal application of prosecution conditions,court review,case acceptance and other issues about the case-filing register system,the innovation during the judicial practice of cross-domain registration reform and online registration,and the reflection of current civil case-filing acceptance system,it tries to explore the legal application of prosecution conditions,court review modes and the acceptance system of case for promoting the reform of civil case-filing system.This paper focuses on two reforms in the theory and practice —— “case-filing register system”,“cross-domain registration” and online registration reform to start presentation.First,tracked by using the method of historical analysis,it analyzes the historical evolution of court review mode.Secondly,from the reform value of case-filing register system,it analyzes and evaluates the legal application of the case-filing register system,and further questions the method of its application and reform.The first question of the implementation includes the application of the prosecution conditions which contains substantive conditions under the case-filing register system,the specific operation problems of each court register system in practice,and the relationship between process review form and procedure,etc.Thirdly,starting from the cross-domain registration and online registration reform,it summaries the operation status and experience of this mode and further combs its reform idea,system design and potential reform problems.Pioneering cross-domain registration is on the basis of the practice of case-filing register system,but it is not in the substantial sense of "cross-domain".Online registration is no longer restricted by region and time.To some extent,it can avoid litigation exhaustion of parties and lawyers from the court for many times,but online registration with a case of "reservation",eventually need to go to court to register.The common between cross-domain registration and online registration is not restricted by geographical jurisdiction,but it doesn't completely solve the problem of court review and case acceptance of civil suits.It easily evolves into the oneness reform with the "service" and "convenient" label,and can't realize the anticipation which the "case-filing register" and "cross-domain registration" reform shall bring to the court review form,and change the reform of the system of court cases.The increasingly heavy trial practice has brought unbearable burden and pressure to the court system.How it undertakes these burden and pressure at the same time of serving for the people's lawsuit is the direction of judicial reform.Based on the analysis of existing civil case-filing system reform situation,the exploration and suggestion of prosecution conditions,court review modes and case acceptance system,this paper advocates to reform again on the existing reform,establish system and mechanism related to the case-filing system reform,and eventually settle on the reform of the civil case-filing system.