民事起诉审查制度分析-民事诉讼法专业毕业论文.docx

PAGE PAGE 4 consistent with these. Finally, this article has expounded the functions of civil litigation, and has thought that the review system of prosecution should establish on the certain functions of civil litigation. The second part has viewed the relevant systems of foreign countries. In this part, from the view of comparative law, the author tries hard to pursue the intrinsic idea in order to seek for experiences which can be learnt by us, through studying the concerning provisions and practice of main countries in two major law systems in the world. In the third part, the author first has discussed the problems in the review system of prosecution, and thought that the root of the problem lies in the lack of the concept of suit rights. Following, the author summarized the problems from the requirements of prosecution in legislative provisions, the judges practice and so. Subsequently, this article has discussed three solutions, and commented these three solutions on the basis of the theoretical analysis in the first part, and finally thought the final choice should be considered the compromise view that the existing review system of prosecution should be retained and improved. In the final part, this article has concluded several suggestions that can perfect the review system of prosecution. First of all, the requirements of prosecution should be reduced in legislative provisions, and the courts competence should be expanded. Secondly, we should improve the review procedure, such as giving the parties the remedy rights in procedure, resolutely punishing the judges who have violated the legal procedure, and shorting the duration of the review. Thirdly, we should strengthen the judges interpretation in reviewing, and coordinate the parties initiative and the judges passive. The fourth suggestion is that we should enhance the parties status to build a cooperative pattern between the parties and the judge. Finally, this article also suggests that the power-ba