起诉条件视野下的民事案件受理制度  

Civil Case Acceptance System from the Perspective of Prosecution Conditions

作　　者：张翼[1] ZHANG Yi(Law School of Yunnan University,Kunming 650000,Yunna)

机构地区：[1]云南大学法学院,云南昆明650000

出　　处：《攀枝花学院学报》2018年第6期40-46,共7页Journal of Panzhihua University

摘　　要："起诉难"被认为是我国民事案件受理制度的老大难问题,从立审合一至立审分离,从立案审查到立案登记,虽几经改革却未得偿所愿。通说以为,肇致时下"起诉难"问题的主因在于误识起诉条件与诉讼要件概念之差异,进而于民诉法119条起诉条件之规定中植入诉讼要件,前置诉讼要件审查阶段。然,其本质实属未能严格区分诉的成立与诉的合法效力位阶不同,且目前我国民事案件受理制度已由起诉之难演化为立案之难,改革之路应以加强当事人程序保障为宜。“Difficulties in prosecution” is considered to be the most difficult problem in China’s civil case acceptance system. From the beginning of the trial to the separation of the trial, from the filing of the case to the registration of the case, although it has undergone reforms, it has not been repaid. It is said that the main reason for the “difficulty of prosecution” is that the difference between the conditions of prosecution and the concept of elements of litigation is misunderstood, and then the litigation requirements are embedded in the provisions of the 119 conditions of prosecution of the Civil Procedure Law, and the pre-suit litigation requirements are reviewed. However, its essence is not strictly distinguishing between the establishment of the lawsuit and the legal validity level of the lawsuit. At present, the civil case acceptance system in China has evolved from the difficulty of prosecution to the difficulty of filing a case. The road to reform should be strengthened by strengthening the procedural safeguards of the parties.

关 键 词：起诉条件 诉讼要件 诉的效力位阶 程序保障 

分 类 号：D912.5[政治法律—民商法学]