Research On The Registration System Of Civil Filings

With the policy's promotion which takes ensuring the right of lawsuit and judicial democracy as the core, the registration system of civil filing cases has reformed. The present system has achieved goals at program specification and convenience. But prosecution conditions haven't changed correspondingly, booking cases have become formalization. Only civil and commercial disputes that satisfy formal and entitative requirements in civil procedure law, can enter the procedure and gain the judicial remedy.Through studying the theory in civil law countries and based on the special judicial environment in our country, this article analyzes the limits of the registration system of civil filing cases, puts forward suggestions about reforming prosecution conditions progressively, and hopes to offer ideas for the improvement of the system.This paper is divided into five parts and about 32,000 words except the abstract.Part I comments on the practice and the legislation of the reform in the registration system of civil filing cases.The case acceptance system in present has been optimized technically the normalization in procedure. With the operational and elaborate design, the system becomes convenient for party's right of appeal. Though from the survey data, the reform hasn't brought any rapid change in case acceptance in civil. The registration system of civil filing cases hasn't changed the actionable standards which are recognized by the court. In other words, the reform hasn't attached the essence. The system becomes nominal. The prosecution conditions are the obstruct of realizing real registration system of civil filing cases which are the core discussed by this article.Part II introduces the theoretical basis of the system, analyzes the theory of elements of litigation. This part mainly concludes two aspects. Firstly, this article introduces the basic content of the theory of elements of litigation. Elements of litigation include jurisdiction of the court, charge, capacity to be a party, interest of litigation and so on. Entity elements should be examined after the procedure for commencement of action. Secondly, this article introduces the orders of cognizance in elements of litigation. The traditional civil law countries divide ranks of litigation into litigation's establishment, litigation's legitimate and litigation's rational. Correspondingly, there are the procedure for commencement of action, trial procedure of elements of litigation, and trial procedure of elements in the case.Part III introduces the obstruct in the system.The filing procedure has confounded prosecution conditions with the elements of litigation. The entity review in elements of litigation in prosecution stage. It has disorganized the demarcation line of content in formal and entity elements in content, also disorganized orders of litigation's establishment, litigation's legitimate and litigation's rational in ranks of litigation. The filing procedure in present goes on with the traditional system of case filing investigation. But the conditions for going on with the theory of elements of litigation in civil law countries are immature. They are enslaved to factors like doctrine of function and power, power-oriented. The registration system of civil filing cases in our country must adopt periodical steps and reform.Part IV perfects the suggestions about the system. Combined with the foregoing chapters, the essence of the reform is to guarantee party's right of appeal. The fundamental way to achieve this target is to reform prosecution conditions in present. Based on the differences between doctrine of function and power and adversary system, abstract and concrete, the author separates individual elements from prosecution conditions. It is only to investigate formal requirements and element of litigation in court supervisor, grade jurisdiction and exclusive jurisdiction, thus determine the scope of the disputes entering judicial remedy. The other elements of litigation should be examined in entity after the case trial stage.Part V is the epilogue of this article. After commenting the dualistic structure in the registration system of civil filing cases, this part looks forward to the organism combination in the future where the judicial reform has continuously deepen between the theory in elements of litigation and judicial environment in our country. There must accomplish the goals that establishes every litigation and hear every case.