On The Perfection Of Civil Case Filing Registration System In China

Filed is the commencement of the proceedings.If the litigation process is a production line of justice,then it is the first filing of this workshop production line justice.In the course of litigation,the court shall carry out the necessary examination of the case of prosecution or protest against the provisions of the power and the law.The procedure is also the procedure for the people's court to accept the case.The case acceptance is an important part of the proceedings and is the first step in the whole process of litigation and the process of the case."Opinions on the implementation of the people's court's implementation of the registration system reform" from May 1,2015 has been officially implemented,opinion noted that the implementation of the implementation of the people's court filing registration system to replace the previous filing review system.According to the law on the admissibility of the case,the case will be established to protect the parties to the right to sue.The move marks the official end of filing review system,filing the registration system has been officially established in our country.The reform cannot be understood as the abolition of the examination mode,which is accompanied by a deeper theoretical construction.To sum up,the implementation of a new system,at the same time,will inevitably bring about controversial issues,through the solution to the problem,making the implementation of the new system to maximize the meaning.In view of this,the author will be through the following four parts:The first part analyzes the practical basis of the implementation of civil registration system in our country,clarifies the legislative context of the registration system,and leads to the analysis of the present situation.The second part analyzes China's civil litigation registration and implementation of the problems,explains the problems which filed by the amount of the registration system reform over the past year to the vast increase in a significant increase in litigation,and analyzes the problem specific theoretical concepts,application of law and supporting systems existing problems.The third part introduces the practice of extraterritorial civil filing system,so as to learn from our country.Germany,Japan and France as the civil law countries,the United States,Britain as the Anglo-American law countries will be introduced.Through the analysis of specific systems,the implementation of China's system enlightenment will be summed up.The fourth part introduces concrete thinking and envisaged of improving the civil registration system of China.In view of the above problems and revelation,we first establish the appropriate litigation theory into the law,so as to further construct the admissibility procedures and supporting.The establishment of a registration system is a "contract" reached by citizens and the state,which is conducive to safeguarding the parties' right of action.The filing is the prerequisite and basis of the trial,there is no normative filing procedures,fair trial,justice cannot talk about justice,there is no authoritative authority at all.The reform of the registration system,in fact,is to decentralize,and really from the perspective of protection of the right of appeal to the parties to implement this system the purpose of the letter.Perfect the admissibility procedure under the civil registration system,guarantee the independent status of the judicial power,and realize the real registration system.