A Study On The Conditions Of Civil Prosecution

In order to comprehensively promote the rule of law,deepen judicial reforms,accelerate the construction of a socialist legal system with Chinese characteristics,and protect the litigants’ rights of litigation,the Central Committee of the Communist Party of China revised the case filing review system into a case filing registration system in 2014 to solve the "difficulty in prosecution" that has plagued my country for a long time.So far,the reform of the registration system has been implemented in my country for several years,which has lowered the threshold for prosecution to a certain extent,but there are still many problems in the process of implementation.In its essence,the registration system for filing a case has not been fundamentally reformed,the statutory prosecution conditions have not been changed,and the requirements and conditions of the prosecution have not been clarified.As a result,the prosecution conditions are still "high-level",which is essentially the same as the case filing review system.Therefore,this paper intends to re-examine China’s civil litigation prosecution conditions from the perspective of the registration system,by examining the relevant prosecution system in foreign countries and combining with China’s realistic needs,to build a suitable theory of litigation elements in China and reset the civil prosecution conditions.The body of the paper is divided into four chapters.The first chapter of the thesis mainly expounds the concepts and functions of civil suit and acceptance in the civil suit system,defines the meanings of the three elements of civil suit conditions,litigation requirements,and rights protection requirements,as well as two basic theories of civil suit conditions A detailed discussion was carried out.The second chapter of the thesis expounds the history of our country’s civil prosecution conditions,the historical evolution of the case filing system,the similarities and differences between the filing registration system and the case filing review system,and summarizes the significance of implementing the case filing registration system and recognizes its problems.Rethinking the prosecution conditions under the following: the staged review structure is unreasonable;the statutory prosecution conditions are "higher-level",and the issue of "higher-level" prosecution conditions is analyzed.The third chapter of the thesis expounds the prosecution conditions and related issues of several representative countries through the investigation of the prosecution system of extraterritorial countries,and recognize the regulations on prosecution systems in the two major legal systems and the enlightenment for my country to set prosecution conditions.The fourth chapter of the thesis mainly proposes suggestions for improving the conditions of civil suit in our country under the registration system.It mainly includes:resetting the conditions of civil suit and the review method and content,stripping the elements of the suit in the conditions of suit,and introducing the elements suitable for our country.Theory and reconstruct the trial structure.expounds the concepts and functions of civil suit and acceptance in the civil suit system,defines the meanings of the three elements of civil suit conditions,litigation requirements,and rights protection requirements,as well as two basic theories of civil suit conditions A detailed discussion was carried out.