Some Thoughts On Gradual Reform Of Civil Case Acceptance System In China

In order to protect the litigation rights of parties,and realize procedural justice,the 4th plenary session of 18 th CPC Central Committee decided to carry out reform of the case registration system.But because of China's special national conditions,legal limitation and lack of theoretical support,there were many problems in the implementation process: the number of cases on file were surging.The court deprived of the litigation rights indirectly.The plaintiff used their action rights unreasonably.Therefore,on the one hand,it is necessary to take into account China's national conditions to take the path of gradual reform in the reconstruction of the case acceptance system by taking Date Trial pattern,on the other we should find legal reasons for reform---evaluation hierarchy of claim.In the path of gradual reform,the case acceptance system consists of the necessary matters recorded on the complaint pleading and the service of the pleading.If there is a flaw on the recording of necessary matters,the court shall order the plaintiff to correct such a flaw or dismiss the pleading.This kind of model includes adversary system,dispose doctrine,authority conducting principle,authority service.There has been a decrease in authority principle and status of procedural subject be well protected.As reform further develops,the model of case acceptance system in our country will converge to adversary model.