On China's Civil Lawsuit Accepted System

In China, civil prosecution theory along with the receiving system is known as file and tell. Citizens and organizations have the right to file a lawsuit to the people's court to seek judicial protection In accordance with the "civil law" when their civil rights have been infringed upon. China bases on the princple that there is no prosecution,there is no judicial proceedings. Plaintiff prosecution could trigger a civil procedure, but it may not mean it becomes reality, may become a middle belt,that is to say , after the court review the file ,if it is qualified, it could be acceptde, the proceedings begin, if not ,it will be not accepted. Therefore, the review of the admissibility of the entire court trials start valve. In contemporary society with the rule of law private relief situation is prohibited. If the civil prosecution rights of citizens and legal persons or other organizations of are not guaranteed, we will be unable to start civil proceedings, the legitimate rights and interests of the parties will be difficult to get to be preserved and protected. China's "Code of Civil Procedure" Article 108 puts the elements of the proceedings as the placement , restricting the citizen's right to appeal, elevating the threshold for the start of proceedings that led to the beginning of the proceedings "high-ranking", it is only a can of the so-called "difficult to prosecute."So, how to make use of the statutory conditions for prosecution, in particular on the conditions of prosecution review should grasp to what extent, This is what the people's court can open up to the trial work, protecting the citizens, legal persons and other organizations legitimate rights and interests, to build a harmonious society, according to the rule of law in our country and the process of the important issues. In this paper I hope that through my analys to the admissibility of the legislative system and operation status, using foreign theories and view on the basis of our civil suit against elements of the proposed reconfiguration judgment.This paper includes China's civil prosecution system for accepting the legislative provisions and practice, and the foreign admissibility of the prosecution system, China's civil prosecution system for accepting the existence of the problem and analysis improving civil prosecution system for accepting ideas and Countermeasures four aspects discussed,focusing on how to improve China's civil admissibility of the prosecution system.Setting conditions to civil suit should be placed on the parties to prosecute the perpetrators of the form, file a registration system implemented, relaxing the conditions for prosecution to ensure that the parties fully charged, in order to prevent overcharging clients v. situations, through the judicial rules of the economic restrictions, such as the imposition of punitive damages, litigation deposits. This will enable citizens of the right to litigate to fully protected, but in the course of the proceedings, it may also abuse the right of appeal, malicious litigation to be punished accordingly. This is the world from the prior regulation-to-supervising the development trend. In addition, should expand the scope of the main litigation, the parties recognize the concept of form, and to provide maximum protection of civil right of action. Distinguish successful prosecution evidence and evidence of the prosecution evidence to the appropriate grasp. Also improve the admissibility of the prosecution procedural safeguards mechanism to ensure that parties to the proceedings adequate participation. The interaction v. FOR procedures, and the confrontation between the parties and representations.