民事诉讼立案登记制度探究

发布时间：2019-06-19 04:31

【摘要】：立案登记是我国民事争议解决程序的一个举足轻重的阶段。作为民事纠纷进入司法解决的第一道防线,立案登记程序设置的科学与否,关系到公民的诉权行使能否得到保障,实体权利能否得以更好的实现。然而我国长久以来的立案审查制度极大的限制了当事人诉权的行使,对当事人提起诉讼的条件规定的过于严苛,从而导致司法实践中一直存在着“起诉难”的问题。因此,面临当下的司法改革,完善我国特有的立案程序是进行改革的重要前提。本文首先对立案登记制的理论探讨进行深化分析。立案登记这一概念自引入我国以来经历了漫长的思考,从理论探索到程序设计一度成为法律界争论的焦点。作为一项先进制度,其内在的包含了诉权价值和程序价值,其背后的理论基础是实施的理论保障。其次,比较借鉴两大法系各国相关程序的规定。尽管具体程序各不相同,但国外的趋势都是尽量降低起诉的标准,给当事人全面的救济。基于前述的诉权理论和适格当事人理论,各国的做法都体现的方便诉讼的要义。尽管在大陆法系不存在登记这一概念,对于实质要件也有规定,但也在立案阶段体现了诉权的保障。再次,分析我国现行立案阶段的实质审查存在的缺陷。一直以来,立案审查都为学者所诟病,尤其在不当操作下,引发了严重的社会问题。在分析这些问题的基础上,思考实行登记制度下的解决方案。最后,分析立案登记将会面临的优势与挑战,提出在我国实行满足一定条件即登记立案的构想,以实现我国立案登记程序有益作用的提升,促进司法程序的最优运行。本文深入研究了立案登记制从理论完善到司法实践变革,从现状到展望的各层面问题,对立案登记的概念和价值进行了梳理,全面、系统的阐述立案登记制的背景及程序构建,并从其必要性、可行性分析立案登记制的价值最优及程序完善。希望本文的研究为我国立案制度提供一定参考价值。
[Abstract]:Filing registration is an important stage in the procedure of civil dispute resolution in our country. As the first line of defense for civil disputes to enter the judicial settlement, whether the registration procedure is set up scientifically or not is related to whether the exercise of citizens' right of action can be guaranteed and whether the substantive rights can be better realized. However, the system of filing and reviewing cases in our country for a long time has greatly restricted the exercise of the litigant's right of action, and the conditions for filing proceedings against the parties are too strict, which leads to the problem of "difficult prosecution" in judicial practice. Therefore, in the face of the current judicial reform, perfecting the unique filing procedure of our country is an important prerequisite for the reform. First of all, this paper makes a deep analysis of the theoretical discussion of the registration system. Since it was introduced into our country, the concept of case registration has experienced a long time of thinking, from theoretical exploration to program design has once become the focus of debate in the legal profession. As an advanced system, it contains the value of right of action and procedural value, and the theoretical basis behind it is the theoretical guarantee of implementation. Secondly, compare and draw lessons from the relevant procedures of the two legal countries. Although the specific procedures are different, the trend abroad is to reduce the standard of prosecution as much as possible and give the parties comprehensive relief. Based on the above mentioned theory of right of action and the theory of suitable parties, the practice of various countries embodies the essentials of convenient litigation. Although there is no concept of registration in the civil law system and there are provisions on the substantive elements, the protection of the right of action is also reflected in the filing stage. Thirdly, it analyzes the defects of the substantive review in the current filing stage of our country. For a long time, the filing review has been criticized by scholars, especially under improper operation, which has caused serious social problems. On the basis of analyzing these problems, we should think about the solutions under the registration system. Finally, this paper analyzes the advantages and challenges that case registration will face, and puts forward the idea of meeting certain conditions, that is, registering and filing a case in our country, in order to improve the beneficial role of the registration procedure and promote the optimal operation of the judicial procedure. This paper deeply studies the system of filing registration from theoretical perfection to judicial practice reform, from the present situation to the prospect of all aspects of the problem, combs the concept and value of filing registration, comprehensively and systematically expounds the background and procedure construction of the registration system, and analyzes the value of the registration system from its necessity and feasibility and the perfection of the procedure. It is hoped that the study of this paper will provide certain reference value for the filing system of our country.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D925.1

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