From Backwardness To Initiative

China's court filing system has developed from scratch,from the filing review system to the filing registration system,which is the result of the response of the problem impact and backpressure system.The irrationality of "no division of filing and trial" forces the establishment of the system of filing and examination;the "difficulty of filing" under the increase of litigation forces the establishment of the system of filing and registration.Nowadays,under the explosion of litigation,the contradiction of "more cases and fewer people" has intensified,the abuse of litigation rights has increased,the risk of litigation related letters and visits has increased,and the pressure of judges has increased,and the registration system of cases is facing reform dilemma again,which forces the registration system of cases to further improve and take the initiative to prevent other problems.This paper divides "backward force to initiative" into "impact,response to active digestion",which is the logic of writing.On the basis of the questionnaire,the thesis focuses on the study of the court filing system from the abuse of the right of action.This paper focuses on the analysis of the impact and reform difficulties faced by the registration system,forces the registration system to carry out the responsive reform,realizes the improvement of the registration system with case diversion as the main line,and links various diversified dispute resolution mechanisms with it.And on this main line to achieve the active digestion of the registration system,reduce the abuse of litigation rights,reduce the risk of complaint letters and visits,correct the public's wrong understanding of the registration system,put forward suggestions to modify the relevant laws and the publicity methods of the registration system.This paper is divided into four partsThe first part: leads to the topic center of gravity.Starting from the analysis of the abuse of the right of action,this paper expounds that there is a close relationship between the increase of the abuse of the right of action and the implementation of the filing registration system,so as to shift the focus of the paper to the study of the court filing system,The second part: throughout the reform process of the court filing system.This paper briefly introduces the emergence of the system of case filing and examinationand the shortcomings of the system.It also states the change of litigation environment and the change from the system of case examination to the system of case registration under the increase of litigation.The third part: analyze the dilemma impact of the registration system.This paper mainly analyzes the intensification of the contradiction of "more cases and fewer people" and the increase of the abuse of the right of action after the implementation of the registration system,which forms the dilemma of the reform of the registration system.And analyze the causes of such problems in the explosive environment.The fourth part: to respond to the impact of forced registration system.Guided by the impact of difficulties and the causes of problems,this paper explores the further improvement methods of the case registration system.Thus,it puts forward suggestions on the revision of the misunderstanding of the registration system and the improvement of the relevant laws,and establishes a set of case diversion procedures to link up the diversified dispute resolution mechanism.The fifth part: the choice of supporting measures for the registration system.On the basis of case diversion,the paper further proposes solutions to the increase of abuse of litigation right and the risk of petition involving litigation,as well as suggestions for the publicity of the registration system of cases.So as to improve the supporting measures of the registration system,in order to actively solve other social problems caused and encouraged by the registration system.