On The System Of Booking Case About The Civil Proceedings

At present, with the strengthening of the study on the theories of the litigious both in theoretical circle and practical one, who have realized the relations between booking cases and the litigious rights, and are trying to seek the solution to the balance between the assurance of the litigious right and the system of booking cases. The meaning of this essay lies in the fact that the amendments to the three laws of litigation have been put into consideration cases involving in the litigious rights. On surface the modules of booking cases belong to the system of investigating and booking cases, which are unfavorable to the litigants. Most of the theorists tend to insist that current investigating and booking cases system seriously restricts the litigious right of the litigants and prefer booking case and registering cases system. However, I assume that booking and accepting cases is the key to whether the litigants can attain help or not, which makes it the focus of conflicting ideas and eventually suffers criticism and denial. As a matter of fact, various reasons before booking accepting cases have already constituted the restrictions of the litigious rights, which leads to the statement that the litigious right is limited while booking the case. The essay draws an analogy between booking and registering system and investigating system from our current prosecuting and accepting conditions and related phenomena and analyzes the characteristics of our current investigating powers and its dialectical relations with the litigious rights, thereby presents my own opinions on the amendments to accepting sectors of civil proceedings. This essay will discuss from the following four aspects. Firstly it generalizes the basic theories of the litigious rights and its relations with booking cases system, gives a brief account of booking cases of major countries in the world, introduces the forms of investigating and booking cases, and analyses their similarities and differences; Secondly analyses the causes of formation of booking cases from our present judicial situations and traditions, thus finds the reasons why investigating powers alienate into virtual investigation; Thirdly analyses the properties of our investigating powers and its coexistence with the litigious rights, comments on the actual reasons of the decrease of the litigious rights of the litigants from the realities of booking cases, reaches the conclusion that the limitation of the litigious rights is not solely caused by investigating powers; Finally tries to find the reforming tendency of accepting cases sectors.