A Study On The Practice Of The Case Filing Registration System

Case filing procedure is the initial stage of civil litigation,during which the parties' litigation right and the court's jurisdiction encounter for the first time.Case filing system of one country is related to guarantee extent of the parties'litigation right.For a long time,people reflect generally that it is difficult to be served by the people's court.The difficulty of case filing has become an important factor to falling of judicial credibility.It is imperative to reform the unreasonable case filing system."Decision on Several Important Issues in Promoting the Rule by Law" voted through by the communist Party Of China officially put case filing registration system reform on the agenda.On May 1,2015,case filing registration system is practiced in the national courts.Today,case filing registration system has been implemented for more than one year and achieved certain positive results.Case filing registration' system focusing on strict law enforcement and application security,improved the convenience of the parties'litigation,to some extent mitigating the problems.But at the same time people should realize that in the first place,the case filing registration system described by academia is different from the practice.Secondly,the current case filing registration system still exists many problems,such as lack of litigation right theory support,contrary to the performance appraisal system,failed to solve problems from the source file and lack of supporting measures to follow up,etc.These factors profoundly influenced the case filing registration system in action.By introducing the United States and Germany's mechanism of accepting cases,which are the representative countries of two important legal systems,it is not difficult to find that although the United States'pleading process is quite different from Germany's Date System,they still share consistent concept of litigation right safeguard,having "actio center" mode of case generally.At the same time,we can come to the conclusion that whether case filing procedure can guarantee the parties'litigation right or not,does not depend on the extent of review,but following the requirements of due process.Return to Chinese reality,the difficulty of case filing is not rooted in unreasonable mode of case."Jurisdicion center" concept,the court's realistic pressure and Party-Government factors outside the case are the critical factor causing the difficulty of case filing.To solve the problems,protecting the parties' litigation right,we need to gradually perfect the case filing registration system,transform the whole judicial idea system and update the system.