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The Empirical Study Of The Difficulty In Filing Under The Background Filing System

Posted on:2021-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:H H LiuFull Text:PDF
GTID:2416330629488793Subject:Law
Abstract/Summary:PDF Full Text Request
The reform of case-filing registration system is a major milestone in the process of deepening the reform of judicial system in people's courts.Since the reform of case registration in 2015,many difficulties in case registration have been effectively solved and remarkable results have been achieved.Starting from the source and system,the reform of case-filing registration system has solved the problem of "difficult to file a case" among the people,lowered the threshold of prosecution,and fully guaranteed the exercise of the parties' right of action.Especially in the field of civil litigation,the case registration greatly facilitates the mass litigation,reduces the litigants' litigation burden,simplifies the case filing process,standardizes the case filing order,and the case filing registration reform has made a far-reaching impact.However,any system can not be perfect,registration system is also so.The case registration has not fundamentally touched the foundation of the case problem,the reform is still insufficient,the grassroots courts in our country is still strict in the examination of the case,the protection of the right of action is still insufficient.This paper only from the perspective of civil litigation,studied the problem of prosecution.The first part expounded the implementation status of case registration,,the implementation effect and evaluation of case registration,since the reform of case registration,and the important role and significance of the implementation of case registration in the reform of the whole judicial system.The second part,from the perspective of legislation and reality,analyzes the specific manifestation of "registration is still difficult".In the third part,the author analyzes the legislative reasons of the difficulty in filing a case,analyzes the practical reasons behind the difficulty of filing a case from the perspective of the contradiction between people and cases,the settlement rate and the social stability,and pointed out that there is still a high demand for the review of complaints in the process of filing a case in China.In the fourth part,the author tries to put forward the corresponding solution to the problem of "it is still difficult to file a case" under the case registration,so as to revise the provisions of the current civil procedure law on prosecution and strengthen the construction of court information.At the same time,while building an elite judge team,the court also needs tostrengthen the judicial auxiliary team.A high-quality case-filing team is the premise to ensure high quality and high efficiency in the trial.
Keywords/Search Tags:case registration system, Protection of the right of action, the difficult of registration
PDF Full Text Request
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