| There are three hard issues in administrative proceedings: difficulties in case-filling,difficulties in case-hearing and difficulties in case-executing.Difficulties in case-filling is considered as the most prominent problem.For the sake of solving this problem fundamentally,in “Law of Executive Accusation ",which is newly revised,article 51stipulates: “People's court should register the case which fits the prescribed conditions of prosecution.” Formally establishing the case-filing register system as a case acceptance system in China.Since the case-filing register system has been carried out more than two years,this important system of judicial reform truly has some problems in actual operation,which has caused the credibility of the judicial system to be questioned.This paper analyzes the connotation of the administrative case-filing register system from theoretical perspective and examines the administrative case-filing register system in two major legal systems.The case-filing register system should be a filing system for formal examination only.But based on the big data analysis of 3033 judicial instruments and field investigations in some courts show that China still exists an administrative case-filing register system with Chinese characteristics.The difference between theory and practice has led to two problems in the operation of the administrative case-filing register system.On the one hand,the boundary between formal review and substantive review is not clear.On the other hand,the criteria for substantive review is not clear.Through the analysis of the actual conditions in China,the author believes that it is necessary for China to still have substantive examination,but it must be ensured that it keeps the balance of the country's actual conditions and protection of the right to appeal.Therefore,the author has determined a standard of review giving priority to the formal review and the substantive review,which is shallow level and low degree,as a supplement.The substantive review shall be strictly limited to four aspects under the legal provisions: the plaintiff,the defendant,the range of accepting a case and jurisdiction,litigation request and factual basis.It should not only make the administrative case-filing register system suit for the actual conditions of our country,but also guarantee the right of appeal.In addition,in the aspect of formal review,the author optimizes the prosecution of administrative cases with the principleof facilitating the convenience of people,and also makes suggestions for the establishment of a perfect registration information system."The right must come with relief." At present,there is only post-redress relief in the administrative case-filing register system in our country.The right to participate in the procedure of the parties should be protected while the relief of litigation rights also should be carried throughout.Specifically speaking,a hearing system of case filing procedure for the parties should be established,the complaint rules of parties handled by superior people's court should be refined,the supervision system of case registration should be improved,and the relief of litigation rights in case registration should be further improved.As an important system for deepening the reform of the judicial system,the administrative case-filing register system must have a matching system of guarantee to solve the new situations and problems arising from the implementation of the system.This article is aimed at the actual problems brought about by the implementation of the administrative case-filing register system,and to establish a safeguard system ensuring the implementation of the registration system.At the same time,expecting to solve the problem of the guarantee of final trial system,that is,to set up independent administrative court in China,and further improving the administrative case-filing register system to change from the current “quasi-registration system” to a real case-filing register system. |
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