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The Theory Of Civil Case Registration System

Posted on:2018-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhengFull Text:PDF
GTID:2416330542466122Subject:Procedural law
Abstract/Summary:PDF Full Text Request
The formulation of civil case filing system plays an important role in the realization of client's right of action as well as the procedural justice.Since 1st,May 2015,China has formally changed filing examination system into filing registration system,which has effectively solved the difficulties in filing cases and has achieved a lot during the last two years.However,the establishment of a new system can not be perfect.Some problems have appeared when implementing the filing registration system.As a result,the relating systems have to be improved when further carrying out the filing registration system.The essay has its setting of the implementation of filing registration system,differentiating the concepts related with filing examination system and filing registration system.The theoretical root of case filing system was discussed in the essay to study the basis and significance of civil action filing registration system.Guided by the practice,the essay investigated the implementation of filing registration system.The case acceptance situation of some court in southwest China was studied as the individual case to analyze the influence and effect of the civil filing registration system,which could reflect the legislative value,realistic meaning and problems of filing registration system.Finally,the essay proposed advice to improve filing registration system according to the previous problems and looked forward to the future of this system.The essay studied civil filing registration system from five aspects.First : The summary of civil filing system.Starting with the concepts of filing examination system and filing registration system,the essay compared the two system.The historical development and reform background of filing registration system were also discussed to analyze the origins of this system and necessity of innovation.Second: Relating elements of civil filing system.The essay analyzed the theoretical bases of civil filing registration.The boundaries of litigious right and action right,procedural requirements and prosecution conditions,capacity to be a client and determination of a client were also analyzed to grasp the relationship between those theories and civil filing system and lay a foundation of studying civil filing registration system.Third: The realistic basis and significance of civil filing registration system.This part showed that the implementation of civil filing registration system was the requirement of ensuring people's litigious right and construction of socialist country under the rule of law.The importance of this system could therefore be known and the necessity of the system could be found.Fourth : The influence and problems of civil filing registration system.The essay used one basic people's court in Luzhou city,Sichuan as the individual case to analyze the influence of this system on court,judge,case acceptance and court action involving law and litigation.The concrete operational conditions of this system could therefore be analyzed and the rationality of implementing the system could be found.Also,the essay studied the problems and the causes of those problems when implementing this system,aiming to put forward suggestions to perfect it.Fifth : The proposals to improve civil filing registration system.According to previous analysis,the essay came up with ideas to improve filing registration system based on national conditions.From the perspectives of limiting the client's abuse of litigious right,reforming filing methods of the court,innovating working mechanism of the court and enhancing the application of ADR mechanism,the essay put forward the humble opinions to optimize this system,aiming at protecting client's appropriate litigious right while defend the litigious right to the fullest extent.
Keywords/Search Tags:Filing registration system, Elements of filing system, Legal construction, Improving suggestions
PDF Full Text Request
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