The Study On Administrative Case-filing Register System Of China

In order to reduce the difficulty of lawsuit and guarantee the right of the parties concerned,the fourth plenary session of the 18 th proposed to reform the system of court cases accepted,changing file entry for filing registration system,and for cases which people's court should accept in accordance with the law,do have a case shall be made,have will manage,to ensure the parties litigation right.Through “Administrative Procedural Law” changes,filing registration system to take the lead in implementing in the field of administrative litigation,filing registration system in the field of administrative lawsuit after a year of implementation,the inherent problems existing in the legislation and the lack of corresponding supporting system,making the filing system difficult to get real.The thesis will be based on the judicial practice,through doing research and investigating on the implementation of the administrative litigation filing registration system,and combining with theoretical knowledge to analyze the essential connotation of the filing registration system,implement reason,the implementation of the status quot and existing problem thoroughly and systematically,and finally put forward the corresponding countermeasures.In addition to the introduction,this thesis consists of four parts.The first part confirms the concept of the administrative litigation filing system,and explain the connotation of the filing registration system by comparing with the filing entry.Comparing with the foreign filing registration systems when we have a preliminary understanding of our filing system's concept and nature,from both positive and negative aspect to know the filing system of the current administrative procedure law.This section has four aspects: the administrative litigation disputes increase,the development of administrative litigation,the disadvantages of filing entry guidance and policy factors,to illustrate the reason why the filing registration system in the field of administrative litigation try first.Based on that we can put forward the our country present filing registration system is not in the true sense of filing registration system,its essence is a case of censorship.The second part is doing a survey on several courts,administrative organs and some of the other parties in the administrative litigation at Ningbo,through ways of field visiting,questionnaires,telephone interviewing and other forms.And I analyze the survey data,in the form of a chart to prove the number of the cases is in the rapid growth after the implementation of filing registration system,and case type showed a trend of diversity.The third part is based on the second part,illustrating the present situation of administrative litigation filing registration system after implementation conclude the three reasons of the problems in current.The first reason is the current file system defects in legislation,put forward the legislation of administrative complaint review contents do not make specific provision,the prosecution requirements and litigation requirements regardless of existence,the problem such as the supervision of shall not be put on record is unknown.The second reason is that the existence of excessive lack of regulatory programs.The third reason is the court trial power deficiencies.It is because of the existence of these factors makes it hard for filing system to implement truly.The fourth part,in view of the above problems and based on its national conditions,combining with the outside of the legislative and judicial experience,propose to distinguish the elements and the requirement of litigation and confirm administrative litigation filing registration examination content,regulate administrative rampant litigation,implement the administrative litigation mediation system,strengthen the administrative trial measures,etc.