The Dilemma And Solution Of The System Of Accepting The Civil Cases Under The Registration System

The Fourth Plenary Session of the 18 th Central Committee of Communist Party of China had stated clear "Reform systems for courts' acceptance of cases,change the case filing review systems to a case filing registration systems",According to this,the Supreme People's Court had issued "Opinions on Promoting the Reform of the Registration System for Case Docket by the People's Courts"(hereinafter referred to as "Opinion")and "Provisions of the Supreme People's Court of Some Issues concerning the Registration and Case Docket by the People's Courts "(hereinafter referred to as "Provisions"),and both files came into force in May 1,2015.The expected function of the Registration System is to solve the problem of establishing an action and to guarantee the right of action.The Registration System had indeed solved the problem that when there is a case,there is not always an action which can be established.However,there are still some problems.Through analyzing realities and drawing lesson from other countries,this paper intend to discuss our system of accepting the civil cases combining the practical situation of our country.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter mainly introduces some basic concepts of civil case acceptance system and the basic provisions of the registration system in the perspective of the new "Civil Procedure Law".It also contains the relationship between the Registration System and the protection of the right of action.he second chapter analyzes the current situation and some difficulties in filing civil case acceptance of the implementation of the registration system.Sue requirements confused with litigation requirements and the restrictions of the provisions on the cause of action affect the effect of filing registration system.Surge and rampant litigation case which related to the implement to the registration system.In other words,supporting mechanism should be further improved.Although some difficulties are not the specific situation of the registration system for case docket,it has a significant impact on the implementation of the registration system for case docket.All the problems should be paid attention in practically.The third chapter analyzes the prosecution review in civil cases,ADR and the regulation of lawsuit abuse in the major countries of the two major legal systems.All those provisions bring inspiration to consummate the civil case acceptance system.The forth chaptercombined with the actual situation in our country,put forward to crack the plight of some suggestions,in order to further protect civil litigation.Civil cases accounted for more than two-thirds of the grass-roots court cases in our country.Not only is solving problems in accepting the civil cases good for guarantee the litigious right of people,but also conducive to resolving social contradictions and promoting the judicial credibility.