Research On System Of Civil Prosecution

The right of the parties to initiate proceedings to protect their legitimate rights and interests is increasingly valued and favored by the state and society.The registration system and the current statutory conditions for prosecution are both closely connected,well that both of them are basis for the evaluation of the litigation procedure initiated by the parties.Meanwhile,The registration system is a double-edged sword,giving the parties a convenient prosecution and guarantee.At the same time,improper prosecution is broken into people's horizons with such an opportunity.Based on the background of the implementation of the registration system and the status quo of civil prosecution,the thesis discusses the civil prosecution rules.The research content of this paper mainly included five chapters:The first chapter in the paper primarily expounded the status quo of civil prosecution in China,introducing the current situation with regard to the design of current active and passive civil prosecution rules.Depending on the emerging phenomenon of improper prosecution,three academic questions are willing to be taken for discussions.The current civil prosecution rules still have no restriction to prosecute required possessive interests,resulting in improper prosecution entering the court and lack of legal basis to refuse the improper with the interest of sue.Otherwise,the improper prosecution is short of identification and failed to distinguish.And the difficulty of the interests of the lawsuit is incompatible with the prosecution rules.It indicates that there is a lack of "interests of interest" in judicial practice as a basis for censorship and it is necessary to resolve the confusion for the time being.The second chapter elaborated the German,Japanese,and French civil law systems,as well as the US and British extraterritorial lawsuits in the Anglo-American legal system.The requirements of the prosecution and the content of the review are compared,and the advanced concepts are examined in the form of foreign prosecution.The lawsuits that are clearly prosecuted are introduced,and the interest review of the litigation is introduced and improved.The third chapter mainly discusses the idea of reconstructing the prosecution rules in China.Expounding the simplification of the legal prosecution conditions,the writer researches on separating the substantive examination content of the prosecution from the formal examination content,as well as adding the substantive examination content to the litigation requirements,generally introducing the 'suitable interests' into the litigation requirements to improve.According to reasoning in the above,the current litigation law is adjusted.The fourth chapter primarily expounds the connotation of improper prosecution,studying how to identify the improper prosecution.Meanwhile,the researcher is prepare to discuss the characteristics of improper prosecution as the non-prosecable interests,and summarizes the specific manifestations of improper prosecution according to the judicial practice cases,in order to eliminate improper prosecution.Set up supplementary basis for paving the way.Eventually,the improper prosecution is compared with malicious litigation and false litigation.The above of three are distinguished in the application of legal norms,concealment,subjective intentions and legal responsibilities.According to above exploration,the conclusion is that manifestation of improper prosecution is supplemented with the basis for reviewing the refusalThe fifth chapter significantly discusses the procedural assurance of the prosecution rules.Primarily,the author is eager to introducing separation of the subject of the litigation requirements.Otherwise,the procedural guarantees for prosecution are enhanced by increasing the content of the judge's interpretation,and modifying the application of the ruling and eventually adjusting the remedies for the procedural procedural.Above all,the research results are presented in the form of a revised draft of the law.The author is significantly eager to enhancing the dedication of civil prosecution system in China.