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Probe Into The Problem Of Registration Of Case In Chinese Civil Litigation

Posted on:2019-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:T LuoFull Text:PDF
GTID:2416330545458136Subject:Legal theory
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On May 1,2015,the registration system was implemented in the national courts.The new round of reform of the judicial system shows that legislators have already recognized the issue of “difficulty in filing cases” from the legislative level,and hope to adopt a series of new system establishment intentions to change this status quo.Since the filing of the registration system,we have seen certain positive results.The filing registration system focuses on strict judicial and procedural safeguards,guarantees parties' litigation rights,and,to a certain extent,does indeed alleviate the difficulty of filing.However,the current registration system still has many problems in practice.This article mainly uses the case registration system as the research object,analyzes the various factors that affect the filing system,combines theory with practice,and elaborates it in three chapters,and proposes perfect suggestions.??The first chapter is the analysis of the status quo of China's current civil filing system.In the first part,the article compares and analyzes the number of registered civil cases filed by courts at all levels to assess the current status of China's current civil registration system.Through a series of investigations,it has found that our country has achieved positive results under the registration system.The second part focuses on analyzing the problems existing in China's implementation of the civil registration system reform.Since the implementation of the civil registration system in China,the right to sue has been imperfect,the abuse of complaints has become more frequent,the single trial model has increased the pressure on the court,and the supporting legal system for the reform of the registration system has not been perfected.Insufficient follow-up of supporting measures,these factors have profoundly affected the actual results of the registration system.By analyzing the problems existing after the implementation of the registration system,it is hoped that the following text will be more targeted to improve the issues in practice.The second chapter is about the general situation and reference of western civil filing system.Through comparative analysis methods,examining the accepting mechanisms of Germany,Japan,France,the United Kingdom,and the United States representing the two major legal systems,it is not difficult to find that although there are major differences between the two legal systems,they tend to be consistent in the concept of protection of the right to action.The case filing mode of the "rights center" is the commonality of the two.Based on this,we compare the filing patterns of the two major legal systems and conclude that we have a sound experience in setting up a registration system in China for reference.??The third chapter is about how to improve the registration system of civil lawsuit in China.Based on all the foregoing contents of the article,corresponding suggestions are put forward.Specifically,it includes standardizing the exercise of procedural rights,protecting the rights and interests of litigants,improving the formal requirements for the implementation of registration of civil cases,establishing a system of complaints against abuses,improving the professional standards of judges,and perfecting civil cases.Registration and improvement of diversified dispute resolution mechanisms to ensure the smooth development of the registration system,and effective protection of litigants' right to action require the transformation of the entire judicial concept and follow-up of the system.
Keywords/Search Tags:Filing registration, Registration case-filing, Litigation right, Solution
PDF Full Text Request
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