民事立案审查制度的改革与完善-诉讼法学专业毕业论文.docx

II II Abstract As an important part of civil lawsuit system, civil litigation censorship system is directly connected to the exertion of litigant’s accusation right, the acceptance of a case and the startup of the civil judicial proceeding. The effective judical relief for rights during the lawsuit is necessary in The Rule of Law. Howerver, since a long time the exsiting defects of civil litigation system and the deviation of judicial practice against the law has made many disputes excluded in the justice in China, which makes the legal rights of the litigant out of the judical relief. As a result, civil litigation system is criticized widely. May scholars claim replacing the civil litigation system with the litigation registration system in order to guarantee the judical relief for all the judical disputes to fully protect the litigant’s accusation rights. From the aspects of reality, the courts believe that there is necessarity for the exsitence of civil litigation censorship system. On the one hand, according to the present judical ability the courts can not afford all the judical disputes, on the other hand, the litigation registration system can not stop the malicious lawsuits which results in the waste of judical resource. Therefore, not entirely denying but meliorating the civil litigation system meets the present situation in China better. Undeniably, the litigation registration system benefits the litigant’s accusation rights. However, if the litigation registration system is put into practice, it may impact the present civil lawsuit system greatly and even cause the malicious lawsuits and excessive lawsuits. Furthermore, the litigation registration system has not been studied and augmented sufficiently and lacks the environment for practice. On the surface, civil litigation censorship is a procedural impediment that causes some litigants not be able to institute an action. Nonetheless substantially the problems which are caused by civil litigation censorsh