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Problems And Solutions In The Practice Of Civil Registration

Posted on:2020-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2416330575492587Subject:Law
Abstract/Summary:PDF Full Text Request
The registration system for registration on May 1,2015 was fully implemented throughout the country.The “Opinions on the Reform of the Registration System for People's Courts”(referred to as “Reform Opinions”)is the iconic document that the registration system for registration is officially established and fully implemented in China.At the same time,the Fourth Plenary Session of the 18 th CPC Central Committee also adopted a resolution to make a decision on the comprehensive implementation of the registration system reform in the court system across the country.This is a major reform measure in the process of judicial reform in China,and the full implementation of the registration system is of great significance.It has taken the first step from the system to solve the "difficulty of filing a case" and is also an important and crucial part of promoting the judicial reform process in our country.Comprehensively promoting the implementation of the registration system reform is the first procedure for reforming the judicial trial.The starting point and the fundamental purpose of the reform of the registration system is to ensure that case disputes can be included in the courts and ensure that the parties properly exercise the right of action.Judging from the effect of implementation,the implementation of the registration system has effectively removed the shortcomings of different standards for prosecution under the filing system,complicated procedures for filing cases,and high litigation thresholds,so that the parties' right to appeal can be guaranteed.However,the registration system is also facing various theoretical and practical problems in the course of practice.For example,whether the registration review is completely rejected after the registration of the case is filed,and how to conduct the case review under the registration system is a common problem faced by the trial judges at all levels.In the trial practice,there is no legally stipulated scope for the examination of the prosecution.It is unthinkable to accept the case without review,which will inevitably bring disastrous consequences.Then the next question is how to review in order to effectively protect the parties' right to appeal,but also to ensure the effective use of the judicial resources of the people's courts,as far as possible to eliminate the occurrence of abuses,stalking and other phenomena.The reform of the registration system has been implemented for more than three years.The author will investigate and think about this article from the perspective of the practice of the people's courts.The core problem to be solved in this paper is the practical problems encountered by the people's courts in the context of the registration of the registration system,and the problems arising from the registration of the cases are investigated,and the causes of the deep problems are explored.And put forward corresponding suggestions on how to proceed to achieve the legislative purpose and requirements of the registration system reform.ConclusionIn the context of the reform of China's registration system,starting from the establishment of a correct concept of filing a case,through the form of filingThe in-depth analysis of the legal and academic aspects of the review and substantive examination,as well as the changes in the review of the case before and after the reform,summed up the problems faced by the people's courts in the judicial practice under the background of the reform of the registration system,and traced the source and summarized the problems.Suggest plans.Provide some valuable references for the orderly conduct of the registration of the case.This paper will be explained in four parts:The first part will start with the concept of registration system,indicating the change from the case review system to the registration system.It mainly describes the change from the case review to the case registration system,the change of the case of the case,and the legislation to discuss the scope of the review.Original intention.The second part will face the problems faced by the registration system in the process of practice,list the problems and their performance,and analyze and analyze the problems.The third part will trace the source,analyze the problems faced by the registration system in the process of practice,and find out the legal and institutional loopholes behind the problem.The cause of the induction problem.The fourth part will put forward corresponding solutions to the problems faced by the registration system,and propose specific suggestions for the lack of system or practice.
Keywords/Search Tags:Filing registration system, Scope of the review, protection of the right to appeal
PDF Full Text Request
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