Study On Civil Case Filing Registration System

The acceptance system of civil cases refers to the procedure setting that the party lodge a civil litigation to the court. Whether the setting of the system is reasonable and the relevant supporting system is complete or not have crucial influence on the difficulty level of the party’s litigation and the justice and authority of judicial system and even the construction of judicial system of our country. With social development, the disadvantages that the past case filing investigation system and the procedure setting are inappropriate and the requirements of prosecution set too high and the color of functions and powers in case filing procedure is too heavy and the artificial barriers of case filing setting in the practice constantly emerge, which not only affect the party’s litigation right but also contrary to the direction of judicial reform in our country at present. Under this background, the Party Central Committee keep pace with the times and held a meeting and issued the Decision of the Central Committee of the Communist Party of China on Major Issues Concerning the Promotion of the Rule of Law in accordance with the Law of the Country(hereinafter referred to as the Decision), promoting case filing registration system, simplifying the contents of case filing investigation, reducing litigation condition and bringing more disputes into the court’s trial. Civil case filing registration system is born at the right moment. It not only can alleviate the hard case filing which has been widely discussed by the society, but also can fully guarantee the litigation right of the parties. In this paper, through the analysis of litigation right theory and rightful party theory and litigation interest theory in the relevant civil litigation basic theory, the difference between case filing investigation system and case filing registration system is compared and the key point of case filing registration system reform is found. Separating the conditions of bring a lawsuit with the prerequisite in lawsuit. Making some prerequisites in lawsuit of the former case filing investigation procedure behind the trial after case filing, namely the improvement of the entity sentence requirement system. It is not only relatively simplifies the prosecution conditions, but also it is the practical protection of the litigation right of the parties. In addition, in the past time, those cases not satisfied with the prosecution conditions were rejected by the court orally, which was not conducive to the relief of the party’s litigation right. New case filing acceptance system clearly clarified that for those litigation and private prosecution not in accordance with the legal provisions, the party should be fully informed the verdict that the party should correct the material within the time limit once and the court will not accept if the material correction beyond the time limit; for those cases can’t be decided to file, the relevant principal, heads and deans should negotiate and decide whether the case should be filed or not and those cases not to be decided beyond the time limit should be filed first; no matter the case filing registration, acceptance of case filing or the rejection of the case filing, all should be issued written verdict or other documents and should give clear indication of the date and the relevant right and obligation of the party. This not only makes the case filing follow the laws, but also makes the relief follow the laws when the party can’t excise litigation right. Of course, the introduction of a new system just depending on a series of written legalprovisions and files is not enough, it also needs to further summarize the problems arise from the promotion of the new system in practice and improve the relevant mechanism accordingly. The implementation of the case filing registration system is not only the improvement on the procedure design of case filing registration system, but also it is the good operation with relevant mechanism. Because new case filing registration system brings the leap of the number of cases and the big pressure of case investigator on case settlement, the multiple dispute resolution mechanism is carried out, leading the party to resolve the dispute with the method beyond the litigation, so as to ease the investigator’s pressure from the augment of the cases, which is very important. Certainly, the improvement of the relevant laws should also also keep up with the time, for example, the litigation right guarantee at the same time doesn’t mean the abuse of litigation right and the illegal infringement caused by which should be restrained by the relevant laws. The precondition and foundation of sentence is case filing, so case filing is the cornerstone. Without standard case filing procedure, the fair sentence and judicial system are impossible and the judicial system won’t have its authority. This shows that case filing system play an important role in promoting the construction of standard legal system, law implementation system, law supervision system and law guarantee system, even it plays a crucial role in determining the direction of the future civil procedural law adjustment and the trend of judicial reform. The case filing registration system reform actually is to delegate powers to lower levels and start from the perspective of truly guarantee the party’s litigation right. Only guarantee the real independence of the judicial power, the objective of the case acceptance system reform can be effectively implemented, otherwise case filing system reform will descend to the reform of the form.