民事案件受理多元理念重识

Recognition of Multiple Ideas in Civil Case Acceptance

我国2015年以来实行的立案登记制改革,仅以诉权保障作为指导理念,忽略了与关联理念的协调与衔接,导致实践中案件"入口"突然放开但"出口"却未及时跟进,由此而产生较为严重的程序淤阻现象。基于比较法的视角,大陆法系和英美法系国家在民事案件受理方面达成了司法最终解决、程序自主控制、接近正义、诉讼效益等共识性理念,我国对立案登记制的进一步完善可以合理吸收和借鉴。

The reform of registration system in China since 2015 has only taken the protection of litigation rights as the guiding principle, neglecting the coordination and connection with the related concepts, resulting in the sudden opening of the "entrance" of cases in practice while the "exit" having not been followed up in time, thus leading to very serious procedural blockage. From the perspective of comparative law, the Continental Law System and Anglo-American Law System have reached consensus concepts on the acceptance of civil cases, such as judicial final settlement, procedural autonomous control, proximity to justice, litigation efficiency, and so on. China can absorb and draw lessons from the further perfection of the registration system.