论文部分内容阅读
随着司法改革尤其是立案制度改革的不断推进,民事案件“起诉难”问题已明显减少,但并未根本解决。不予受理、驳回起诉等类似现象仍时有发生。本文期望通过对我国民事起诉要件运行现状的评析,并在总结和借鉴相关理论和观点的基础上,针对我国民事起诉要件的重构提出一己之见。同时,当事人的起诉与法院的立案受理是紧密相连的,立案法官并不是消极、被动地接受起诉,其中多数时候都渗透着立案法官的释明行为。故从当事人的起诉行为与立案法官的释明行为这一联接点上加以考量,当是本文的应有之义。
With the continuous promotion of judicial reform, especially the filing system, the issue of “difficult prosecution” in civil cases has been obviously reduced but it has not been fundamentally solved. Inadmissibility, dismissed prosecution and other similar phenomena still occur. This paper expects to comment on the status quo of the operation of the elements of civil prosecution in our country, and on the basis of summarizing and drawing on relevant theories and opinions, aiming at the reconstruction of the elements of civil prosecution in our country. At the same time, the litigation of litigants is closely linked with the filing of court cases. The filing judges do not passively and passively accept prosecutions, most of which infiltrate the plaintiffs' interpretation. Therefore, it should be considered as the proper meaning of this article from the point of connection between the prosecution action of the parties and the act of explaining the case before the judge.