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Study On The Case-filing Register System

Posted on:2017-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:M J LvFull Text:PDF
GTID:2336330512962556Subject:Litigation
Abstract/Summary:PDF Full Text Request
On May 1,2015,the case-filing review system was abolished and the case-filing register system was adopted by the civil procedure law.It is generally acknowledged that the case-filing register system refers to that if the party submit the pleading which meets the requirements,The court should register and put on record.The purpose of the reform is to solve the problem of to be put on record and strengthen the protection of citizens' action right.However,our case-filing register system is very different from the real one,which impedes the system's actual effect.So,to make the system be implemented properly and make it put to good use ande protect the citizens' action right,the system should be perfected.This article is going to study the case-filing register system.Except the foreword and the epilogue,the main structure and content of the article is as follow:In the first part,I will analyse the connotation of the system and definite the concrete content of the system at first.Then I will analyse the theoretical basis to seek theoretical support ande background of the reform.At last,by comparing the old system and the new system,I will study the characteristic of the new system and find the reason why the old system is replaced by the new one,which is put an the major measure to solve the problem of to be put on record.In the second part,I will do a comparative study on foreign related system.Because the different legal traditions between the continental law system and the common law system,there are differences on the civil prosecution system.In the same law system,because the concept of law is different,their detailed setup of the civil prosecution system are different.I will analyse and compare the differences of their civil prosecution system in hope to provide for valuable reference for the establishing and perfecting of our case-filing register system.In the third part,I will analyse our new system.By analyzing the background,provision and negative effects of the new system,I will analyse the difference between our system and foreign system to definite the deficiency of our system.In the last part.Based on the previous analysis of the problem,I will offer proposals for the further perfecting,which includes the condition for filing a case,the mode of the review of prosecution and the establishing of the supporting systems,to perfect our system and make sure that the system's actual effect can be gave play to and hit the mark of the reform.
Keywords/Search Tags:the case-filing register system, the condition for filing a case, the review of prosecution, supporting system
PDF Full Text Request
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