Research On The System Civil Cause Of Action In Our Country

In 2000,The Supreme People's Court of The People's Republic of China promulgated The rules of civil cause of action(trial version),which marks the system civil cause of action was established in our country,and the way to choose and apply the civil cause of action was united within our country.In the more than ten years,the civil cause of action was modified and added up for many times,which has been formed a relatively complete system.The word of “cause” has been applied widely in judicial practice,and we should express the cause of action from case filing,hearing and settling even to enforcing.The role and function of civil cause of action is not only expressed in form.In fact,the civil cause of action has two functions,including the management of court and object of action.It can help court to judge and manage action.In the meantime,it also can lead and affect the lawsuits.However,the theory of civil cause of action is weak,the system isn't complete,and the rule hasn't been built.So,its function has been put down in practice.For this reason,this paper will organize and discuss the system civil cause of action in our country according to The rules of civil cause of action,combined with real cases in practice,in order to find the problem which the system is facing,explain the function of the civil cause of action and change people's values.At the same time,this paper will give some advice on making the system feasible and consummate,so that it can function to the greatest extent.Except for the introduction and epilogue,the paper has four parts.The first part is the basic theory of the system civil cause of action.The civil cause of action is the result of condensing and refining the nature of civil legal relationship between the parties,which was included in case names.It has legal,highly generalized and stable characteristic.So far,our country has 852 different causes.The decisive role in civil cause of action is the People's Court,which determines the cause of action according to the civil legal relationship between the parties,claim,details of cases and the form of lawsuits.The second part is mainly about the legislative status of the system civil cause of action and the evaluation of the rules.Firstly,compared with other foreign countries and region,the system civil cause of action in our country with Chinese characteristics has rich content and plays an important role in litigation and management.Secondly,the legislation about civil cause of action has gone through three stages in our country.The rules of civil cause of action can meet the People's Court's work need,but it also has questions,such as the system setting separated from academic theory,the coincident classification,disordered chronological order,inaccurate names of some causes and lacking of matching applicable rules.The third part is mainly about the function and the application status of the system civil the system civil cause of action in judicial practice.At present,neither the People's Court nor the parties have realized the importance of the cause of action,even there are some phenomena such as the application beyond the level,the creation of the cause of action at will.In fact,the system civil cause of action has two function and roles,for the parties,it can affect the court of case,facilitate the parties and the third party to understand the case,determine how to distribute the evidence between the parties and facilitate the parties to the lawsuit;for the People's Court,according to the cause of action,it can classify the case before hearing,and arrange the case behind judging.The judge can also be guided by the cause of action to understand the case,search the relative law.The fourth part puts forward some suggestions on how to improve the system civil cause of action.Firstly,after The Civil code of The People's Republic of China issued,some of the cause of action which apply civil law will be adjusted following the order of The Civil code of The People's Republic of China,the rest will be adjusted according to the principle of “general first,then special;civil first,then commercial,personality relationship first,then property relationship".Secondly,in order to solve the problem of inaccuracy in the determination of the cause of action,we should implement the applicable rules of "lenient in and strict out".Thirdly,in view of the new types of cases,it is necessary to establish a procedure about new type of cases reporting,and the cause of the case will be determined by The Supreme People's Court.Then,we had better establish the system of compulsory answering for defendant so that it can improve the accuracy of the cause of action for filing.Finally,the system and rules about objection to the cause of action for filing should be established.The parties may raise objections to the cause of action determined by the People's Court by this,and the People's Court will examine it to protect the rights of the parties.