论裁判请求权保障与民事诉讼起诉受理制度的重构

裁判请求权是当事人的程序基本权.裁判请求权的实现程度反映了一个国家法治的水准.我国现行的民事诉讼法上的起诉受理制度尚存在一些缺陷,不利于当事人的裁判请求权的实现,应当进行改革与完善.改革的思路是:取消现行的受理制度,将负责审查起诉的立案机构改为民事案件登记性质的机构,将起诉条件改为起诉必须符合法定的程式,将现行的起诉条件改为诉讼要件,等等.

Guarantee the Right of Access to Justice and Reform the Systems of Bringing a Lawsuit and Entertaining a Case in Civil Procedural Law

The right of access to Justice is a basic procedural right of the party and the degree of its realization reflects the level of the rule of law in a nation. The current systems of bringing a lawsuit and entertaining a case in our civil procedural law are still problematic and militate against its realization and needs to be reformed. The ways to institute the reform are as follows: the current system of entertaining a case should be canceled; the organization to review bringing a lawsuit should be changed to register organization for civil cases; the conditions of bringing a lawsuit should be altered into the legal program of bringing a lawsuit; and the conditions of bringing a lawsuit should become the requisite of the litigation.