Civil Accepted Perspective And Reconstruction Of The System

This article analyses and discusses the problems on civil accepting and hearing system, and takes between litigant's right of suit and the court judicial authority relations as the breakthrough point. It illustrates the idea that the litigant's right of suit is the basic human rights just like the right of life, freedom, and property, which should all be protected by the constitution. And the court judicial authority is the state power that guarantees the citizen to obtain the national relief whenever necessary. The relation between the litigant's right of suit and the judicial right of the court is the one of civil rights and authority in the field of civil lawsuit. The right of suit needs the judicial authority to guarantee and is also the foundation of judicial authority. The court judicial authority can be divided into the adjudication power and the jurisdiction power according to the content. Because of different national constitutional government structure, the power of the court jurisdiction is limited, but as the last important pass of the social just, adjudication power of the court must be infinite. In order to fully respect and guarantee litigant's right of suit, one must persist the right-oriented legislation and the judicial idea, perform the strict limit to the court judicial authority. The establishment and the consummation of the registration system is the embodiment of this restrict in the civil accepting and hearing system.