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On The System Of Civil Litigation Filing

Posted on:2019-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:M J GuFull Text:PDF
GTID:2416330572455327Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As the first step in the civil procedure,the filing system of civil litigation is the key factor to decide the litigation subjects to enter the proceedings.The reform of registration system has been formally implemented.It has been nearly three years ago.According to the data of the highest Law Bulletin in 2018,the rate of filing a case on the spot of the national court has reached over 95%.The problem of "the difficulty of filing a case" in the civil procedure of our country has become a history.The reform of registration system is of great significance not only for reform but also for achievement.However,after three years of reform,there is no change in the fundamental problem of the civil case filing system,and with the continuous deepening of the reform,the problems of the "case explosion" and the increasing number of complaints in the court are also appearing.The unbalance of the construction of the rule of law in the other areas has also led to the lack of thorough reform,and there are still many of them.Technical problems need to be solved.Therefore,through the study and analysis of the system of filing a case after the reform of the registration of case registration,from the basic theory of the system of civil case filing and the reform process of the registration system,the existing problems in the existing civil procedure system are analyzed,and the pertinent suggestions are put forward to the current legislative system.The full text is divided into four chapters.The first chapter is the basic theory of filing civil cases.Starting with the basic concept of the civil case filing system,combining with the introduction of the case model and comparing the case review model with the case registration model,we can theoretically grasp the concrete connotation of the civil case filing system and provide the basis for the later demonstration.The second chapter is the reform process of registration system in China.From the reform course of the system of filing case since the founding of our country and the background of the reform of the registration system of the case,this paper explores the dilemma in the system of civil case filing before the reform and the resistance to the reform,and finally,through the analysis of the data,the important achievements and effects have been achieved after the reform of the registration system.The third chapter is the analysis of the existing civil registration system in China.This chapter is mainly about the fact that there are no substantial changes in the requisites of prosecution after the implementation of the registration reform,the explosion of the court,the phenomenon of the litigants' litigant and other four problems,and the reasons for the problem.The fourth chapter is the perfection of the system of filing a case in civil litigation.On the basis of the analysis of the previous three chapters,in view of the problems discussed in the third chapter,this paper puts forward specific suggestions on the improvement of the system of filing a case in civil litigation,including the reduction of the threshold of prosecution,the diversification of the dispute settlement mechanism and the system of civil lawsuit withdrawal.
Keywords/Search Tags:Filing Case, Filing Censorship System, Difficult to File, Filing Registration System
PDF Full Text Request
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