The Study On The Civil Case-filing Register System Of China

The Civil Case-filing Register System normalizes the filing operation of personnel,reduces the threshold for filing,making the cases are more likely to enter the litigation process,but in accordance with the present stage of our country about the registration regulations,it exposed a series of problems in the practice process.The thesis reviews the development process of the Civil Case-filing Register System in China,to solidify the legal theory and construct the legislation of Civil Case-filing Register,tries to analyze the status of the Civil Case-filing Register,the plight it faced with and the reasons for that.Besides the introduction,the thesis consists of four parts.The first part begins with the evolution of the Civil Case-filing System in China,which is divided into two sections.First,to analyze the reason of evolution,pointed out the Case-filing Censorship faced with the filing difficult,the “higher-order” for prosecution conditions,and the imbalance procedural protection of the parties,making the “Register System” to be accepted.Second,from the theoretical scholars on the design of the Register System and the proposed and institutionalized of it in the practice,to investigate the evolution process.The second part has a recognition analysis on the status quot of the Civil Case-filing Register System in China,begins from the provisions of the system,such as concept,operation process and supervision procedures,at the same time,the six district courts of Ningbo are investigated for the implementation of the Civil Case-filing System,through the analysis of the judicial statistics,concludes that the implementation of the Case-filing Register normalizing the filing operation of personnel,and alleviating the problems in the process of filing.The third part analyzes the existing problems and reasons of the Civil Case-filing Register System in China.The first level,is divided into fore aspects to set forth the difference between judicial interpretation and legislation,the high level of the present prosecution conditions,the lack of unity of the operating norms,and the significant increase in trivial disputes.The second level,from the lacking preparation for system design,the long-term impact of the function of the filing department,the blending of the prosecution conditions and the items of litigation and the lacking full use of the role of the Alternative Dispute Resolution to find the root cause.The fourth part summarizes the thesis of the optimization for the Civil Case-filing Register in China.From establishing the principle of Case-filing Register as the basic,and then to clear its connotation,its content and its form,which in order to reduce the prosecution threshold.At the same time,should regulate the Case-filing Register process and offer necessary measures for Case-filing to ensure the right to appeal.