Research On Civil Case Filing System In China

Civil case registration system is an important research field of civil and commercial law.In fact,it relates to the vital interests of each of the masses,and it is of great significance to study the system of civil case filing.The system of filing a case in civil litigation is the key to the opening of civil litigation.It is the first procedure for civil disputes to enter the lawsuit and is the guarantee of the full exercise of the litigant's right to appeal.If the threshold is too high,it is easy to shut out the demands of the parties.If the threshold is too low,it will cause the waste of judicial resources and lead to the phenomenon of excessive litigation.Therefore,the reform of the system of filing a case for civil litigation needs to be cautious and careful.The most ideal state is to find a balance between the right of appeal and the right of trial,and to build a legal system which is most consistent with its own national conditions by relying on its own legal tradition and culture.Through the study of the civil case filing system in China,this paper analyzes the existing problems of the current registration system in civil cases in China,and on this basis,puts forward the improvement measures for the registration system of civil cases in China,hoping to contribute to the improvement of the record system of civil cases in our country.This article is divided into four parts:the origin of the civil case filing system,the theoretical basis and the system content of the civil case registration system in our country,the existing problems in the registration system of civil cases in our country and the perfect measures for the registration system of the case of civil case in our country.The first part mainly introduces the origin of filing system for civil cases.China's civil filing system has undergone several important changes.In the early days of the founding of new China,the filing system of civil cases is managed by all courts of the court in civil administration and civil trial.The court does not distinguish between civil filing and civil trial.The court decides whether to file a case or not and how to judge it.Until the middle of 80 s,the filing system of civil cases in China is still outstanding in administrative management mode.China began the trial of the civil filing system "legislative" mode from the symposium on the work of the national court of letters and visits in 1986.Until 1996,the "separate trial separation" model of the civil case registration system was basically established with the introduction of the Provisional Regulations on the work of the people's court and the improvement of the civil procedure law and its judicial interpretation in practice.Since the middle of 1990 s,our court began to set up a filing organ specially responsible for filing various cases.In the case of the court,the court emphasizes the role of the court in accordance with the function of examination and authority,and takes the decision of the court to accept the prosecution as the condition for the proceeding of the proceedings.After years of judicial practice,a complete set of civil case filing examination system has been established.From 2014,the the fourth Plenary Session of the 18 th CPC Central Committee reform of the registration system was launched.Until May 1,2015,the court registration system was fully implemented in China.Since 2015,the registration system of civil cases has been implemented in China.The system has been implemented until now,and we can see the advantages and disadvantages of this system.The second part mainly introduces the theoretical basis and system content of registration system of civil cases in China.Our country has not yet established a complete theoretical system of registration system for civil cases.We should establish the theory of litigious right,the interest theory of litigation and the final settlement principle of justice as the theoretical basis for registration system of civil cases in China.In this paper,the basic contents of the registration system in civil cases are summarized into the conditions of civil registration and filing,the procedure of filing a case for civil registration,the payment of the cost of filing a case for registration of civil registration,the scope of the civil registration filing,and the supervision mechanism of the civil registration case.The third part mainly introduces the problems existing in the registration system of civil cases in China.This paper analyzes the registration system of case filing in civil cases in the two legal systems,and points out their generality,so as to provide reference for the study of the problems in the registration system of case filing in civil cases in China.In the two legal system of civil law,there is no administrative system to limit the scope of the court's civil litigation.Therefore,it makes the litigants to prosecute easily and the prosecution basically without obstacles.But the law of our country stipulates the administrative system.The civil registration system of the two legal systems stipulates relatively liberal civil registration conditions,guarantees the litigants' right to sue,and pays attention to procedural justice.The civil procedure of the two legal system countries is influenced by the principle of "final settlement of the judicature",so it attaches great importance to the litigant rights of the parties,specifically to protect the litigant's right of litigant and reduce the conditions of the prosecution.In the civil case registration system in China,there is a high condition for the prosecution.The legislation does not distinguish between the requirements of the prosecution and the requirements of the litigation,the parties and the parties of the procedure.Therefore,the main problems of the registration system for civil cases in China are the problems in the negative conditions of civil case filing in our country,the existing problems in the positive conditions for civil case filing in our country and the existing problems in the scope of civil case filing in our country.The fourth part mainly introduces the improvement measures of registration system of civil cases in China.The establishment of civil case registration system is mainly based on the principle of litigious right protection and the principle of judicial finity.The two checks and balances,so as to reasonably define the scope of civil administration.We should not ignore the characteristics and inherent requirements of the judiciary,expand the scope of the jurisdiction of the jurisdiction without distinction,nor arbitrarily reduce the regulatory scope of the jurisdiction.It is necessary to have a scientific and reasonable degree,which is not within the scope of the case that the court is in charge of.According to the safeguard function of the right of appeal,the need for the protection of rights,the inevitable requirement of the unified and correct implementation of the law,all civil cases should be set up by registration.The measures to reduce the conditions of filing a case for civil cases include the following points: removing the requirements of the lawsuit from the conditions of prosecution,no longer setting up the civil case court,distinguishing the function of the complaint,breaking through the traditional system of the plaintiff's adaptation and the requirements for the evidence of the prosecution.Although the establishment and implementation of the civil registration system has further alleviated the problems in judicial practice such as "Filing difficulties",but this is only a preliminary exploration of China's judicial system reform.There are still many problems in the implementation of civil registration system in China.Based on the comparative analysis of overseas civil case registration system,this paper finds out the main problems of China's civil registration system,and put forward some perfect measures,hoping to make a modest contribution to the theoretical research of civil case registration system in China.