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The Effect Of The Case-filing Register System On The Basic Court

Posted on:2018-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:L L WeiFull Text:PDF
GTID:2346330542483563Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
The people's court begins to exercise judicial power when the case filing starts,litigant will bring a lawsuit to the court when his rights are damaged,if the court employed different legal standards,it will have a direct effect on the realize of litigant's lawsuit right.In the past,when plaintiff made a prosecute,case-filing review system focus on the substantial examination,it took a strict examination on the evidence materials of the case,and this raise the legal standard virtually that litigant might have some difficulties to enter the lawsuit procedure.May 1,2015,according to the views of Supreme People's Court on the comprehensive deepen reformation of the people's court,reform the case acceptance system,change the case-filing review system into the case-file register system,the people's court must make sure that all the cases are established and accepted to guarantee the people's right of lawsuit.So,the courts at all levels formally implement file register system is a symbol that our country starts the reformation in case filing of rule by law and judicial reformation.With the further development of social economy,the GDP of our country has become the second place in the world,economic growth has maintained rapid speech,social and economic keeps transformation,and this require the transformation of our country's nomocracy to implement the rule of law,establish and perfect the rule of law.As the foundation of the rule of law,judicial plays a key role in the transformation of country's nomocracy.October 20-23,2014 the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China was C held in Beijing.In the meeting,general secretary Xi Jinping take a important speech of the Central Committee of the Communist Party of China on the decision to comprehensively promote the rule of law,the meeting discuss the work statement of Political Bureau of the Central Committee,and the discussion passed the decision of the Central Committee of the Communist Party of China on several important issues of comprehensively promoting the rule of law,the following calls it Decision for short.The Decision fully demonstrated the determination of the CPC entral Committee on the establishment and improvement of the rule of law,which also opened the curtain of China's judicial system reform.The second items that ensure fair justice,improve the credibility of the judiciary propose which is belong to the fourth part of the Decision points out that optimize the allocation of judicial authority,including that public security organs,procurator organs,judicial organs and judicial administrative organs shall perform their respective duties;the right of investigation,procurator power,judicial power and executive power cooperate and restrict each other…reform the case acceptance system,change the case-filing review system into the case-file register system,the people's court must make sure that all the cases are established and accepted to guarantee the people's right of lawsuit,increase the punishment of false litigation,malicious litigation and unreasonable appeal.This item formulates the concept of registration system for the first time,start the judicial reformation in filed field.As the base of national rule of law and social justice,people's court plays an important role in the judicial reform which is responsible for a great deal of responsibility.Since the Fourth Plenary Session of the 18th CPC National Congress,according to the leading of Supreme People's court,and the pushing ahead by the many other sections,judicial reformation is improved quickly.The core of the judicial system reform is on the trial,around this core,the systematic reform measures such as register system,judge system and the judicial responsibility system are published,among them,the registration system is the earliest reform measures which fully operational.According to the regulations of People's Republic of China,as a national judicial organ,the court exercises judicial power on behalf of the state.In China's judicial system,the court system consists of the Supreme People's court,the higher people's court,the intermediate people's court,the basic people's court,the military court,the railway court,the intellectual property right court and other units.Among them,the basic people's court is refers to the court which be set up by county level,city level without districts and the municipal district,it is the basic unit of the court system,in addition to the first instance of civil,criminal and administration cases that must be governed by the intermediate court,the Supreme Court and the Supreme Court,all other cases are governed by the basic court.Therefore,as the first instance trial organ for overwhelming majority cases,the basic people's court has the characteristics of large numbers of cases and complicated cases,due to this characteristics,the reform of the registration system will promote the establishment and development of the rule of law in our country,and also have a significant impact on the basic people's court which will reflects the effectiveness of the implementation of the registration system.This paper attempts through the researches on a basic court of Liuzhou,to explore the effects on the basic court after the implementation of registration system,analysis of specific reasons for these effects,and put forward the author's view on the different influence.So as to put forward specific suggestions for the problems arising from the implementation of the registration system,and prospect of the implementation of the registration system in the basic people's court.
Keywords/Search Tags:The case-file register system, The basic court, effect
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