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On The Improvement Of Chinese Registration System Of Civil Litigation

Posted on:2018-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhouFull Text:PDF
GTID:2346330536478624Subject:legal
Abstract/Summary:PDF Full Text Request
Reforming the system of court acceptance was put forward at the fourth plenary session of the 18 th,which changed review system to registration system.So,in 1st May 2015,the case-filing register system was applicable in the field of civil action.The establishment of registration system is intended to solve the problem of litigant's litigious right cannot be realized through the reform of filing system.But,it is pity that the case-filing register system was still in system level and there are some operating alienation and obstacles in practice,because of its legislation and system design are not comprehensive.This paper will star from the background of the reform of civil action,and through in-depth study of the theory and system related to the case of filing,hoping to help analyze Institutional issues of civil case filing system in China,which leaded to the applicable questions in judicial practice,on the basis of these,we can make some perfect suggestions about the registration system of civil procedure in China,and then,making it play its role.Therefore,this paper is divided into four parts except the introduction:The first part is a elaboration of the reform of china 's civil action system.In order to make a general understanding of the system,we proceed from the background of the change of filing system,and then we will state its fundamental contents and realistic effect.Among them,the background of its change includes theoretical background and judicial background;its fundamental contents is elaborated from the process of filing procedures.The second part is to analyze the theoretical basis of this system in China,including the relevant conditions of prosecution and litigation requirements,the theory of the procedural party and protection of rights,which lay a foundation for perfection of civil procedure registration system in our country.And,the most important theory of this part is to state the conditions of prosecution and litigation requirement theory.The third part is to analyze the insufficient and disadvantages of the civil litigation registration system in our country.It mainly analyzes the present situation of our country's civil litigation registration system,and then,found its insufficient and disadvantages.The fourth part is about how to improve the civil litigation registration system in our country.We improve the related theories,procedure and some systems of civil litigation registration system,which based on the theories and practices of the civil litigation registration system.And then,we can achieve procedural justice and the protection of the rights of the parties.
Keywords/Search Tags:civil litigation registration, litigious right, the conditions of litigation, the conditions of prosecution
PDF Full Text Request
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