Research On The Judicial Practice And Problems Of Civil Filing Registration System

The civil filing registration system is an important content of judicial reform in our country,which means that the lawsuit of litigant is no longer subject to substantive examination,and it effectively solves the problem of "filing a case".The reform of the registration system guarantees the litigant's right of appeal,which embodies the obvious Chinese characteristics and promotes the judicial reform.Issued the opinions of the relevant provisions of the state to establish filing registration system,there is no specific law and regulation,in theory,although a lot of articles in this study,but there are still many problems need to solve in judicial practice.In this article,through the study of the theory of the filing system at home and abroad,the author affirms the filing registration system reform,and also summarizes the filing system in some of the problems existing in the judicial practice condition,and put forward the corresponding countermeasures and Suggestions to solve these problems,and tries to provide reference for perfecting domestic filing system.This paper mainly discusses the civil case registration system from four parts.The article begins with an overview of the meaning and theoretical basis of the civil case registration system.After Britain,the United States,Germany,France,Japan and other countries outside of the file system,and from the philosophy background,requirements and litigation requirements,specialized agencies,comparing the three aspects and concluded some Revelations of the filing system to our country.This article also to our country civil case registration system on the implementation of the judicial practice situation made a summary,the main affirms the reform,such as protection of the litigation right of the parties,the case methods tend to be diversified,carry out litigation service centered model of filing registration.After summarizes the civil case registration system exists in the judicial practice of less people such as case,dispute settlement mechanism is not comprehensive,litigation right abuse increase,the problem of complaint involving lawsuit and the problem of case supervision and evaluation mechanism is not reasonable.Finally aiming at the existing problem of filing system and puts forward the corresponding measures and Suggestions,such as pushing and simplified shunt,establish corresponding pre-trial supporting system to a reasonable allocation of judicial resources,through establishing the system of legal mediator mediation system and lawyers to deepen the diversified dispute solution mechanism,set up to prevent abuse of litigation mechanism to crack down on rampant litigation behavior,establish an effective supervision mechanism and give full play of the role of law in handling,and establish a reasonable mechanism for examination and assessment of register put on record.