我国民事案件不予受理裁定适用的实证研究

An Empirical Study on the Inadmissibility of Civil Cases in China

在立案登记制背景下,检视我国民事案件不予受理裁定的现状:从法律渊源上看,规范性文件呈现多层次性,位阶差异大;从案件受理条件看,起诉要件实质化并未改变,"立案难"问题仍未有效改善;从适用操作上看,不予受理裁定的适用存有主观性和政策性,侵犯诉权;从裁判文书制作上看,不予受理裁定书中存在当事人称谓混乱等书写不规范的现象。准确适用不予受理裁定,是法院正确适用法律、保障司法公正的体现。因此,有必要对不予受理裁定进行研究。

In the context of registration system, we can see the status quo of the inadmissibility of civil cases in Chi- na： from the point of view of normative sources, there are many levels of documents which are not applicable to the ruling ; from the perspective of the acceptance of the case, From the application of operation point of view, inadmissibility ruled that the application of subjective and policy, infringement of the right to appeal ; from the point of view of the referee document production, inadmissible inadmissible inadmissible decision is not subject to change, The parties in the ruling book titles such as chaos is not standardized. Failure to accept the accurate application of the ruling is the right to apply the law to protect the justice of justice. Therefore, it is necessary to study the theory.