Research On The Problem Of "Difficult To Prosecute" Under The Registration System

In the 1980 s and 1990 s,the problem of "difficult to prosecute" in China's civil litigation began to appear,and then became more and more serious.In order to solve this contradiction,China launched the prosecution acceptance system of the registration mode in 2015.Different from the previous filing review system,the starting point of the filing registration system is to reduce the threshold of litigant prosecution,which is undoubtedly conducive to protecting litigant's right of action and establishing judicial authority.Now five years have passed.Although it plays a certain role objectively,it is still difficult to file a case under the registration system.Therefore,it is of practical significance to study the problem of "difficult to prosecute" under the registration system.This paper introduces the problem of "difficult to prosecute " from several cases.Through the investigation of domestic and foreign prosecution system,this paper analyzes the problem of "difficult prosecution" in China.From the academic theory and judicial practice to analyze and study the causes of "difficult to prosecute" of the parties in civil litigation at this stage.The main causes of "difficult to prosecute" are the high requirements of the examination in the prosecution stage,the incoordination between judicial interpretation and legislation,and the confusion between the elements of prosecution and litigation in China.In view of the problem of "difficult to prosecute",China has launched the registration system,whose initial purpose is to protect the litigant's right of action.The registration system is mainly based on the provisions of judicial interpretation,but there is no follow-up in legislation.Therefore,to a certain extent,China's registration system alleviates the problem of "difficult prosecution",but there is no way to fundamentally solve the problem.Finally,this paper puts forward some suggestions to solve the problem of "difficult prosecution" under the registration system.Including: first,the correct application of the registration system;second,improve the application scope of the registration system;third,combine the registration system to improve the convenience of litigation;fourth,strengthen the management in judicial practice.