论我国法院立案登记制度的完善

The Research on Chinese Registration System

为了解决实践中存在的立案难、起诉难现象,新民诉法司法解释对理论界呼吁已久的立案登记制做出了具体规定1。但如果不对现行的起诉制度与起诉条件进行改革,不从根本上解决起诉条件高阶化的问题,立案登记则难以发挥其应有作用。因此,必须完善我国民事立案制度的理论基础,引入程序当事人概念,将起诉要件和诉讼要件加以区分,确立司法最终解决原则,并在制度设计上,完善民事诉讼审前程序,促进替代性纠纷解决机制的发展。

In order to solve the phenomenon in practice-difficult to file and difficult to prosecute,the judicial interpretation of new civil procedure law has made specific provisions for the registration system which theoretical circles have long called for. But if we do not reform the current system of prosecution and solve the problem of high charged condition,the registration system is difficult to work. So we must improve the theoretical basis of the registration system in China by introducing the concept of the procedural litigants,distinguishing the prerequisite in prosecution and litigation and establishing the principle of judicial final settlement. Meanwhile,we should improve the pretrial procedure of civil litigation and promote the development of the alternative dispute resolution mechanism in system design.