Research On The Registration System Of Civil Litigation

The party clearly put forward in the fourth Plenary Session of the 18 th CPC Central Committee,"the reform of court case acceptance system,changing from filing review system into registration system",which is one of the major reform initiatives put forward by our party in the process of judicial reform,is also the key and significant link to promote the process of judicial reform in China.On April 1,2015,the leading group of the Central Committee for comprehensive deepening reform deliberated and adopted the opinions on the reform of the registration system by the people’s courts.Then the Supreme People’s Court promulgated the "Regulations" of the people’s court registration problems.This is the Supreme People’s court complying with the requirements of the central,promoting the reform of the registration system initiatives from the macro and micro aspects.It means that the registration system has been established and fully implemented in our country.The registration system reform is an important measure for the people.Facts have proved that this reform could overcome the drawbacks of the prosecution of "high order" under the filing system effectively.And it can solve the problems that exist in the judicial practice effectively,such as the failure of the case,the complaint and the delay in filing.These problems are common faced by the courts at all levels,such as Whether the registration system can completely exclude the examination of the case,how to carry out the case review under the registration system.In the trial practice,it is not feasible to review the form of prosecution completely,and to copy the whole collection.It will bring disastrous consequences.So the next question is how to protect the right of review completely,and make the judicial resources available at the same time,as far as possible to eliminate the occurrence of the phenomenon,such as the abuse of litigation,vexatious litigation and other unreasonable action.As a grassroots court judge,I intend to explore some problems that may be existed in the registration system,and to point out the solutions,according to collecting the implementation of registration system for one year in four courts at the grassroots level of true justice data and practical investigation.This article will discuss from four aspects :In the first part,it is the first step to understand two groups of corresponding concepts,including filing examination system and registration system,the corresponding concept of the formal requirements and substantial requirements.It is the second step to explain the understanding of the theory and practice of the registration system,and to sum up the focus of the dispute.The second part mainly analyzes the current situation of registration system in our country.Firstly,we collecte judicial statistical data from four grassroots courts,which including closing number,the number of judges,complaint data,then to analyze them by a chart.Secondly,we ascertain the opinions and awareness of the parties,litigation agent and the general public through questionnaires.Finally,collect inadmissible and dismissed rulings of four grass-roots court after May 1,2015,then analyze them.The third part summarizes the problems that existed in the registration system of civil cases from the two aspects of filing and trial.At the present stage,the China’s civil registration system has five big problems as follows:registration standard confusion;the pilosity of new,difficult and sensitive cases;the increasing of the abuse of litigation,vexatious litigation and malicious litigation;the obvious contradiction between many cases and a few people;and the severe situation of the petition relating to litigation.The last part puts forward some suggestions for improving the registration system.It is the first need to clarify the difference between the formal requirements and substantial requirements,and to clear filing standards.The second is to regulate the court review form of pleadings.In addition,it is in need of the establishment of pretrial screening procedures,non litigation dispute settlement mechanism and the alternative dispute resolution mechanisms.They can strengthen the case diversion,so as to improve the judicial efficiency.Finally,it is necessary to regulate the abuse of litigation behavior and establish punishment mechanism about indiscriminate lawsuit.