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自2015年5月1日以来,全国范围内开始施行立案登记制度,保障当事人诉权。立案登记制强调当事人的诉权保障,主张尽可能地清除诉讼障碍,提供诉讼便利,法院仅对起诉作形式意义上的程序性判定,对不予立案的要给予充分的程序救济。立案审查制向立案登记制转变,是权力倾向权利的转变,是审查为核心向诉权为核心的转变,是保障民主权利的一件大事。然而,制度施行半年有余,却与媒体宣传、大众期待存在出入,立案难、滥用诉权的情况时有发生。究其原因,主要是起诉要件与诉讼要件混杂的情况未能在这次改革中得到根本的解决。
Since May 1, 2015, a nationwide system of registration of registration of cases has started, safeguarding litigants’ rights to litigation. The filing system emphasizes the protection of the parties’ rights of litigation, advocates as much as possible to clear the obstacles to litigation, provide litigation convenience, the court only procedural judgment in the form of prosecution, and full procedural relief for not filing. The change from the case filing system to the case registration system is the change of the power right tendency, the change from the examination as the core to the right of appeal as a key issue to guarantee the democratic rights. However, the implementation of the system more than six months, but with the media publicity, the public look forward to the existence of discrepancies, filing difficult, abusing the right to appeal from time to time have occurred. The reason is mainly that the combination of the elements of prosecution and the elements of litigation failed to be fundamentally resolved in this reform.