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Study of the Reforming the Stystem of Handling and Accepting Chinese Civil Complaints

Author: YangXiaoWen
Tutor: FuDongMei；ZhengJinChun
School: Inner Mongolia University
Course: Legal
Keywords: Prosecute handling system Compare Status quo Reconstructed
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 67
Quote: 0
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Abstract

Acceptance of a civil lawsuit system is an important part of the civil litigation system, the role played in the civil procedural law to open the door burglary. The civil suit is the cause of the Civil Procedure, the parties to file a civil lawsuit aimed at start of Civil Procedure, so that their legitimate rights and interests are protected by the justice. From the current law, the settings of the civil suit admissible system surviving in unreasonable discordant - prosecution of the conditions of admissibility is too high to run the program administration and so many civil disputes blocked outside the gate of the court. This article from the civil suit is the value of the admissibility of the system to select the starting combination of the actual legislation, put forward to improve our civil prosecution of accepting the idea of ??the system on the basis of summing up the experience of other national legislation. The text of this paper is divided into four sections elaborate on the topic. The first part of the civil suit admissible system overview. The civil suit introduces the basic concepts of the admissibility of the system, the basic connotation and civil prosecution admissible value option in the system. The second part of the civil suit admissible system of comparative law research. This part of the analysis of the admissibility of the system by the United States, Britain, Germany, Japan and other countries civil prosecution from generalize foreign civil suit the conditions of admissibility and value system selection characteristics. The third part of admissibility of a civil lawsuit the Institutional Theory Research and judicial Operating Status. This section first a brief introduction, and then pointed out the lack of surviving in practice can not be implemented because the research achievements of China's civil suit is admissible system theorists. Secondly, the characteristics of China's civil suit is admissible system. Civil prosecution difficult, the prosecution threshold is too high is our biggest problem sue admissibility practice. This part focuses on the analysis of Civil Procedure provides the conditions for prosecution and identify drawbacks of where: v. range restrictions are too strict conditions for prosecution under the 'review points. Again emphasized the the value imbalance in China's civil suit is admissible system settings. The fourth part of a civil suit acceptance system reconstruction. Handling system in order to reconstruct our civil prosecution, must first lay a theoretical basis, to re-examine the civil action in the interests of select, to further strengthen the awareness of due process, and should always adhere to the principle of combining theory and practice, the actual level of development from social departure. This section analyzes the discourse to reconstructing our civil prosecution of the theoretical basis for the admissibility of the system, a combination of ideas, and then according to the theory and practice principles summed up better integration point of the civil suit practical conditions of admissibility and the actual operation of the Court, on this basis on the civil suit acceptance Systematic Reconstruction.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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