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1) Adhere to the correct political direction. Thoroughly implement the spirit of the Fourth Plenary Session of the 18th CPC Central Committee, adhere to the party's mass line, adhere to the principle of justice for the people, and promote the acceleration of the construction of a fair, efficient, and authoritative socialist judicial system through the reform of the case filing and registration system.
2) Persist in using the Constitution and laws as the basis. Safeguard the parties' exercise of their litigation rights in accordance with law, facilitate the parties' litigation, and be open, transparent, and efficient.
3) Persist in filing cases and reasoning when there are lawsuits. Courts must accept cases that meet the requirements prescribed by law in accordance with law, and no unit or individual may obstruct the court's acceptance of cases under any pretext.
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After the implementation of the case filing and registration system, the case filing departments of the courts and the people's tribunals at all levels will only conduct a formal review of whether the complaint complies with the provisions and whether the case falls within the scope and jurisdiction of the people's court in civil, administrative, and criminal private prosecution cases initiated by the parties, but not on the substance. The threshold for filing a case has been greatly reduced. Parties to civil and commercial cases may submit a complaint to the nearest local people's court, and then the people's court will transfer it to the court's case filing division for filing.
Article 123 of the Civil Procedure Law: The people's courts shall protect the parties' right to sue in accordance with the provisions of law. Prosecutions that comply with article 119 of this Law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.
Article 51 of the Administrative Litigation Law: When a people's court receives a complaint, it shall register and file a case if it meets the requirements for initiating a complaint as provided for in this Law. Where it cannot be determined on the spot whether the returned slag does not meet the requirements for initiating litigation as provided for in this Law, the complaint shall be received, a written certificate indicating the date of receipt shall be issued, and a decision on whether to file the case shall be made within 7 days. where the requirements for initiating litigation are not met, a ruling is made not to file the case.
The ruling shall clearly state the reasons for not filing the case. Where the plaintiff is not satisfied with the ruling, he may file an appeal. Where the content of the complaint is missing or there are other errors, Liang Qiao shall give guidance and explanation, and inform the parties of the content that needs to be supplemented and corrected at one time.
An indictment shall not be withheld on the grounds that the indictment does not meet the conditions without guidance and explanation. Where the complaint is not accepted, the written evidence is not issued after receiving the complaint, and the parties are not informed of the content of the complaint that needs to be supplemented and corrected at one time, the parties may make a complaint to the people's court at the level above, and the people's court at the level above shall order corrections and give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law.
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Legal analysis: The case filing and registration system is a system for accepting cases, which is embodied in the fact that as long as the parties provide the people's court with a complaint that meets the formal requirements, the people's court should accept it without conducting a substantive examination. In accordance with the requirements set forth in the "Opinions of the Supreme People's Court on Comprehensively Deepening the Reform of the People's Courts", the people's courts of the People's Republic of China have reformed the case acceptance system and changed from a case filing review system to a case filing registration system.
That is, for cases that should be accepted by the people's courts in accordance with law, the people's courts should ensure that all cases are filed and that all cases are reasonable, so as to protect the parties' right to litigate.
Legal basis: "Opinions of the Supreme People's Court on Comprehensively Deepening the Reform of the People's Courts" 17Reform the case acceptance system.
Change the case filing review system to a case filing registration system, so that the people's courts must file cases that should be accepted in accordance with the law, and ensure that all cases must be filed and prosecuted, and the parties' right to sue is protected. Increase the extent of online disclosure of case filing information. Promote the improvement of the litigation fee system.
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Meaning: The case registration system refers to the case acceptance system. In accordance with the requirements set forth in the "Opinions of the Supreme People's Court on Comprehensively Deepening the Reform of the People's Courts", the case acceptance system has been reformed, and the case filing review system has been changed to a case filing and registration system, so that the cases that should be accepted by the people's courts in accordance with the law must be filed and prosecuted, and the parties' right to sue is protected.
Increase the extent of online disclosure of case filing information. Promote the improvement of the litigation fee system.
Background: On October 23, 2014, the Fourth Plenary Session of the 18th ** Committee of the Communist Party of China adopted the "Decision of the Communist Party of China on Several Major Issues Concerning Comprehensively Advancing the Rule of Law" [2] Part IV, "Ensuring Judicial Impartiality and Improving Judicial Credibility", proposes to "optimize the allocation of judicial functions and powers." Complete systems and mechanisms for public security organs, procuratorial organs, adjudication organs, and judicial-administrative organs to perform their respective duties, and for investigative, procuratorial, adjudicatorial, and enforcement powers to cooperate with and restrain each other.
Reform the system for accepting cases by the courts, changing the case filing review system to a case filing registration system, so that the people's courts must file cases that should be accepted in accordance with the law, and ensure that cases must be filed and prosecuted in accordance with the law, so as to protect the parties' right to litigate. Increase the force of punishment for false lawsuits, malicious lawsuits, and vexatious lawsuits.
On April 1, 2015, the 11th meeting of the Leading Group for Comprehensively Deepening Reform deliberated and adopted, "Opinions on the People's Courts' Implementation of the Reform of the Case Filing and Registration System" [3], in order to fully protect the parties' right to sue and effectively solve the problem of "difficulty in filing cases" reflected by the people, reform the court case acceptance system, change the case filing review system to the case filing registration system, in accordance with the "Civil Procedure Law of the People's Republic of China", "Administrative Procedure Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China" and other relevant laws. The following observations are made.
Features: Compared with the case filing review system, in which courts at all levels have different standards for reviewing the parties' lawsuits, and even conduct substantive examinations, the practice hierarchy system means that as long as the parties provide pleadings that meet the formal requirements, the courts should accept them all and handle them in accordance with the law within the prescribed time limit. It has 5 rules and 4 non-rules (details), has special case filing procedures and supporting mechanisms, and also achieves a combination of internal and external supervision in terms of supervision, and strengthens the characteristics of accountability.
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