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On Registration System Of Civil Litigation

Posted on:2017-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:C E ZhanFull Text:PDF
GTID:2336330488953943Subject:Law
Abstract/Summary:PDF Full Text Request
Levels of social development and improve the civil rights awareness also increases, more and more people desire to resort to legal disputes have become stronger, every citizen wants to get their demands seriously and resolved, but China's current system of civil cases set unreasonable conditions for prosecution, that is incorrectly entity judgment elements into prosecution program. This leads to the need for the court hearing when the verdict entity elements also examine aspects of this approach is indirect conditions for prosecution set a double standard, but also increased the party into the case acceptance threshold program, from a realistic point of view See also not be able to achieve the purpose of the establishment of filing registration system, sued the difficult problems will become inevitable. Therefore, we should improve the conditions for prosecution, judgment entity elements(litigation requirements) may be placed in trial stage of the proceedings after the case acceptance, this can really achieve the purpose of filing a registration system reform, the existing filing system acceptance can be better maintain the right to appeal the parties to achieve the purpose, in order to better address this difficult to prosecute long-standing problem, to achieve the requirements of justice proceedings. On the reconstruction of the system, to complete the case acceptance system reform, the implementation of new cases Lawsuits system requires a reasonable configuration of elements related litigation, the referee system, the cost of litigation, the court structure and other systems. Shaping and acceptance of the current stage of the rule of law, the judicial system of the special nature of the current system of case-related, forming a receiving mechanism having control characteristics. The progress of the rule of law and judicial reform and further development of the inevitable requirement of the existence of institutions to match, making it an open case Lawsuits institutional characteristics, and thus accelerate the pace of Chinese Civil Procedure Law Modernization.Our country since May 1, 2015, the filing system by the filing review system to the filing registration system. This article is for the entire filing registration system of discussions, in addition to the introduction and conclusion, is divided into four parts:The first part: mainly from three aspects to filing registration system overview. First, the basic concept of filing registration system; secondly, the theoretical basis for filing registration system, the part mainly from two legal systems as well as the relevant provisions of our country, especially in some countries (regions), for example, representatives of the civil law of Germany, Japan, France and Taiwan of China, mainly Anglo-American common law countries represented, as well as of the filing requirements; Finally, through analysis and comparison of two kinds of filing systems, to explain the advantages of filing registration system.Part II: Introduces the value reflected in filing registration system. Just filing registration system implemented in just a few months to obtain significant results in this part of the article from a different perspective on the value of filing registration system are summarized and analyzed, which is a manifestation of filing registration system superiority.Part III: This part discusses some of the problems filing registration system exists. Despite the filing of the registration system implemented with remarkable results, but each implementation of a new system will inevitably arise various problems in this part, the paper mainly from five aspects to explain their problems.Part IV: This section introduces the filing of the registration system to build and ideas. While filing the registration system will be a variety of problems in the implementation process, but it is undeniable that this regime from a proposal to implement after all undergone the test of time and discussion and demonstration of experts, the problem can also improve and perfect, in this part of the article from the six aspects put forward their views and suggestions.
Keywords/Search Tags:filing registration system, elements of the prosecution, the right to appeal
PDF Full Text Request
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