民事起诉审查制度研析.pdfVIP

个方面进行了归纳。其后讨论了问题的三种解决方案，并以第一部分的理 论分析为基础对三种方案进行了评说，最后认为应当选择折衷观点，即保 留并完善现行的起诉审查制度。 本文最后提出了完善起诉审查制度的几项建议。首先认为要在立法上 降低起诉条件，扩大法院的主管范围。其次要规范立案程序，给予当事人 相应的程序救济权，对程序违法人员坚决予以制裁，并缩短立案期限。第 三要加强法官在立案阶段的释明，将当事人的“主动”和法官的“被动” 协调起来。第四要加强当事人的程序主体性及程序参与性，构建一个当事 人和法官协同进行的起诉格局。最后，本文还认为要从根本上解决起诉难 问题，必须要革除权力本位的思想，加强法官的诉权观念。 关键词: 起诉审查 诉权 起诉条件 2 Abstract Since the 1980s, the campaign called “Access to Justice” has extended nearly all over the world. The objective of the campaign is to enable people to get access to justice in an easier way. No remedies, No rights. Correspondently, “No rights” is also caused by “No access to the remedies”. In recent years, there are more and more various civil disputes emerging in our country, resulting from economic and social development. However, after being brought to courts, so many disputes are excluded by courts, due to the drawbacks of current review system of prosecution in civil litigation. The negative influences are as followed: not good for fulfilling the functions of civil litigation, lack of faith to justice in public, and even worse, probably causing people to tend to irrational means because of their fair appeal not being taken care of by judicial remedy. The review system of prosecution is an important system in civil litigation, which directly relate to the fact that disputes smoothly enter to the judicial procedure. Firstly, this article has discussed the elementary theory about the review system of prosecution, and finally has proposed several suggestions that will perfect the review system of prosecution in our country, based on summarizing relevant legislative experiences of main countries in two major law systems in the world, as well as the current situation in our country. The full text amoun