登记立案制度之构建与完善——兼议登记立案制度之功能

Construction of the Case-filing Registration System:Concarrently Discassing the Function of the Case-filing Registration System

法院立案似乎"宿命"般地承载了社会不同层面的期待。登记立案制度虽然明确了形式审查,但依然存在审查内容的争议与审查方法的不足。外加裁判权公信力不足、案件流量激增、当事人滥诉等诸多因素,也引发了对登记立案制度功能的探讨。诉权与裁判权的链接仍有欠"火候"。诉权的抽象性,限制了其解释力。而立案范围的确定离不开裁判权在宪政框架下的职责承担。纠纷所涉利益是诉权主张的基础,将诉权与裁判权二者"口径"统一起来,并回应了诉讼制度利益目的论。纠纷所涉利益是纠纷形成的"元点",当事人的行为均是围绕此点的"互动"。该要素的提炼便于纠纷的识别,界定裁判范围。补足纠纷所涉利益要素的识别,有利于明确诉权的具体权利形态,完善以诉权与裁判权为关系组合的结构,增强制度解决纠纷以及吸纳异议的能力,证明立案审查运营的正当性。总之,登记立案制度可以"立体"、"丰满"并"动"起来,通过制度结构的完善,利用制度内生的"能量",挖掘制度"潜能",不断提高制度运行的综合效果,以回应社会的期待。

There are many aspects affecting the construction of the case-filing registration system from the society level. The formal examination of a case is stipulated,but there are some different ideas on the examination content of a case,and there are still some defects on the examination method. Additional because of the insufficiency of judicial authority,the sharply increase of cases,malicious sue and so on,it is necessary to explore the function of the case-filing Registration system. It need to relax the tension between the court and the parties,The joint between the judicial power and the right of action is needed to strengthen. The abstraction of the right of action is limited to adapt the concept itself deeply. The scope of the judicial power is related with the court political function under the constitutionalism. By clarifying the judicial idea about guarantee of claims and collating the relation of the right of action and the judicial power,the article raises the benefit which is a essential element of a dispute. It is the base of a dispute and the right of action. So 'the bore'of the right of action and the judicial power is corresponding. The benefit element of a case answers the benefit idea about the target of the litigation system. The case between parties is brought about for it. Parties revolve it. The parties conduct is the process of a case. So if examine the benefit element,it is easy to examine a case,which court has jurisdiction. The scope of the judicial power will be easy to define. Once the benefit element is examined,when a lawsuit is brought. It will be valuable to clarify litigation rights,and the structure of the case-filing Registration system will be strengthened. More energy will be aroused. Some more cases maybe solved before the trial. It will light the burden on the court. The discontentment and misunderstanding with the case-filing Registration system will reduce and people believe the examination is legitimate. The case-filing Registration system will be adjusted to society and people will satisfy with it in the future.It can move very well.