The case registration system reform: Theoretical basis, operational dilemma and route optimization
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D925.1

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    Abstract:

    Since May 1,2015,China has formally implemented a case registration system. The system of accepting a case has been changed from a review system to a registration system,which is in line with the trend and demand of litigant protection. The registration system has the function of safeguarding the right of litigation. It can carry out the protection of litigation rights in multiple dimensions,but it also brings about practical challenges such as indiscriminate indictment and dramatic increase of court cases. The nature of judicial power determines its limitations,and it cannot solve all social disputes. A certain degree of conflict is bound to arise when the challenge brought by the registration system to trial practice encounters judicial limitations. In order to balance these conflicts,the reform of registration system should be further optimized in the following aspects:clarifying the relationship between registration and examination in the process of filing; formulating and implementing the negative list of scope of accepting cases; perfecting the supporting measures to reduce the supply of demand; promoting case discrimination and diversion in the process of filing; establishing the punishment and prevention mechanism of indiscriminate indictment; reducing the influence of non-judicial burden on the professionalization of judges.

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石春雷.立案登记制改革:理论基础、运行困境与路径优化[J].重庆大学学报社会科学版,2018,24(5):125~138

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History
  • Received:
  • Revised:March 19,2018
  • Adopted:
  • Online: July 13,2018
  • Published: