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The Problems And Countermeasures Of The Implementation Of The Registration System Of Civil Litigation

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:J L GongFull Text:PDF
GTID:2436330542483894Subject:Law
Abstract/Summary:PDF Full Text Request
For a long time,China's court filing work is strong in terms of color,is closed to review and control judicial,makes the parties unable to participate in the program,and then produce the understanding on the concept of "Filing difficult".In order to solve the problem of "difficult filing",since May 2015,the court has fully implemented the registration system.In fact,many years of judicial practice has basically solved the problem of "difficult filing" in civil proceedings,and most of the civil prosecutions have been incorporated into the trial procedure to solve them.But the court in judicial practice based on their own interests and the convenience factors still exist in the legal prosecution conditions other than set the conditions for prosecution,this is the registration system reform needs to solve the problem.The registration system reform of the case filing procedures were refined,but not a fundamental change in the prosecution review mode,at the stage of filing,the court still examines the prosecution,rather than the formal review required by the registration system.The registration system reform,the people's court filing work carried out more specific procedures,to a certain extent,promote the transparency of the court judicial transparency,however,the procedural reform has also caused the people to have a wrong understanding of the idea.As long as the petition is submitted,the court should hear the case and make a judgment on the case.It is reasonable to adhere to strict censorship in judicial practice,After all,at present our country civil litigation ability is not strong,and the principle of final settlement has not been fully established,the court faces the pressure is still outstanding,a lot of disputes into the proceedings,is not conducive to the normal work of the court.Even if the current registration system of compromise registration has been formed,the number of court cases has increased year by year,the court is faced with the problem of "many cases with fewer people",and the judicial efficiency is seriously insufficient.In view of the current implementation of registration system,the author believes that the balance between the parties' right of action and the jurisdiction of the court should be achieved by improving the registration system.According to the rating theory of litigation to promote the filing work step by step,on the basis of protecting the litigant's right of action,by reviewing the complaint acceptance prosecution,gradually promote litigation review,to meet the requirements of litigation prosecution into the trial proceedings,right in the procedure in order to effectively protect the parties,to achieve proper procedures;the introduction of pre-trial mediation and other measures to effectively solve the problem of insufficient judicial effectiveness,ease the pressure of court trials.
Keywords/Search Tags:civil procedure, registration system, filing examination system, procedural requirements
PDF Full Text Request
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