Research On My Country's Civil Case Registration System

For a long time,people complain about the difficulty of a suit.In recent years,it has been argued that "high level" is the important reason for the difficulty.Therefore,it is proposed to implement the registration system.However,the filing registration system implemented in August 2015 did not change the statutory conditions of prosecution,which is essentially a system of filing supervision.This kind of filing system obviously does not reduce the prosecution condition,while can it solve the difficulty of prosecution by lowering of the prosecution condition and protect the right of appeal better?In this paper,by the meaning of the litigation right and its development course,I point out that the litigation right is the right to ask for judgment.In this sense,even if the prosecution does not meet the litigation requirements,as long as the procedural referee made by the court has also achieved the plaintiffs right to appeal.Although the specific contents of the litigation elements of each country are slightly different,but many of them are related to the investigation of the court's authority.In principle,it can be decided by the court's track and field to make a ruling with the plaintiff without the rhetorical debate.Therefore,lowering the conditions of prosecution is not the key to solve the problem of prosecution.So long as to establish reasonable litigation elements,it will still guarantee the right of appeal.This thesis solves the target of the filling registration system,and the filing system can strengthen the supervision of the case,so that the litigation actions before the case can be supervised.Based on the analysis of the public data and the sample data of a grass-roots court,it pointed out that implementing the filing registration system in the actual operation did not result in case of excessive growth,and the amount and the type of the referee did not grow,not reflecting the obvious effect of solving the difficulty in prosecution by the filing registration system,the understanding of filing registration system is not consistent,there are issues around the court.Then it analyses the reason for this.First of all,the current practice of filing registration system which only to strengthen the legal supervision of a court case used to specification is different from the filing system of the theory.If a court is used to the normative filling or have a few "special case",it is no substantial effect on it by the filing registration system.And also the lack of supporting mechanism for solving prosecution difficulty,not in-depth on the theoretical study of filing system.Accordingly,this paper proposes that the interpretation of statutory prosecution conditions should be further explained in the first place.Secondly,the treatment of non-filing should be simplified.Third,it should be clear that the litigation begins with submitting a case to court rather than the case put on record;Finally,we should improve the ADR.In conclusion,a basic position of this paper is that any system has its applicable preconditions,institutional background,and the legislative purpose matching.To establish our country's civil filing registration system is not to rely on copying foreign legislation at all,but the first thing to consider the legal system,law system and civil procedure rules of other factors,according to our country actual;Next,by distinguishing between the theory of the legislation and the interpretation.Under the premise of the requirements of a sue in present civil procedure law that still review the requirements of litigation,[1985]No.8 can not be criticized of still reviewing the prosecution conditions.But from the trend of the development on the litigation right,from the legislative theory to explore the change of civil litigation pattern,increasing the socialist factors,we can discuss about how to eliminate the elements of reviewing on the filing stage of a action.