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Positive Requirements of Filing Registration of Civil Litigation in China and a Review of the Application of Article 119 of Civil Procedure Law
Authors:XIAO Jianhua  WANG Yong
Abstract:In the past, academics used to have an understanding of the “high threshold” of the legislation on civil action filing requirements. However, in the current case filing register system, such interpretation is no longer appropriate. Positive case filing requirements of the current civil procedure legislation can be explained and also can be applied. The problem of “being difficult in filing a case” in the operation of the judiciary cannot be the reason of blaming the legislation. In the process of designing and applying civil action filing requirements in the future, legislators should consider filtering the lawsuits without legal interest as soon as possible and the inherent limits of litigation mediate and adhere to tolerant concept for filing. The vacuum of dispute resolution left thereafter can be supplemented through building and perfecting the dispute resolution mechanism besides litigation.
Keywords:case-filing register system  initiate an active requirement  requirements of enjoying litigious right  
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