Study Of Civil Registration Procedure

Civil filing procedure of parties start civil judicial relief the first line of the threshold,the reasonable setting is essential for building a more scientific and reasonable civil filing procedure,solve the difficulty file from the source,take effect in 2015,our country court filing registration system reform,change the original filing entry to put on record filing registration system is different from filing entry system mode,its forms of prosecution is limited to the review on the parties and not to the entity content file system implementation will not only help the parties litigation right safeguard,solve the difficulty to prosecute,and further optimize the civil procedure,make it a big step in the direction of the procedural justice.But since the filing registration system in our country,the implementation of a relatively short period,people to its understanding is not enough in-depth and relevant legislation and supporting measures is not perfect,make it in practical operation,such as the prosecution requirements and litigation requirements without distinction;Lack of supervision and relief mechanism;Frequent misuse of litigation right and other issues in this paper,by comparing the scope of the provisions of the civil filing procedure is summarized the reason for the civil filing procedure problems in our country,in a civil case to clarify the related theory and reference for the related scholars on the basis of the perfect,put forward a perfect suggestion which accords with the situation of our countryThe text is divided into four parts.The first section,the basic situation of the civil filing procedure,this chapter introduced the our country civil filing procedure and the related concept,the relationship between and on the basis of the relevant academic research puts forward the concept of civil filing procedure;Then we analyze the evolution process and reason of civil procedure in our country,so as to make a complete chain of the study of civil procedure.In addition,this chapter also compares and analyzes the provisionsof civil procedure in civil law system and common law system,and summarizes the commonness of civil procedure in civil law system and common law system.The second part,the theory of civil filing procedure analysis of this chapter is mainly about the relevant theories of civil filing procedure problem discussed in this paper,specific include: the theory of litigation right litigation theory and the theory of the parties in the litigation right theory,in addition to relevant litigation right theory of evolution,also demonstrated the relationship between the filing stage of civil litigation and jurisdiction over the lawsuit theory part of the key arguments in the theory of the relationship between the parties with the prosecution elements joined party of eligibility and procedures describe distinguish meaning by the partiesThe third part,our country civil legislation of filing procedure and existing problems analysis due to the civil procedure law and the judicial interpretation is two different legal mode,so in the first part of the civil procedure law and relevant judicial interpretations are analyzed;the content of the Secondly,this paper analyzes the present situation of civil case filing in China,focusing on the problems existing in the judicial practice of civil case filing.The fourth part,the perfection of our country civil filing procedure measures specific for this part of the article in the third part summarizes problems in our country,combining with the second part discusses theories about civil filing procedure related,from strengthening the guarantee of the reform of the conditions for prosecution,his right to appeal to reduce prosecution threshold perfect case to construct and perfect the supporting measures and strengthening supervision and relief of rampant litigation regulation five aspects put forward the Suggestions for the perfection of our country present civil filing procedure.