论中国民事诉讼程序的启动

Abstract

The characteristics of the startup of civil procedure in China are as follows. First, it provides for strict elements to limit the party to file a civil action. Second the Court can append the third party without the party’s application. Third, the 2012 amendments to the Civil Procedure of China, also give the right to start the civil public interest litigation to the government agencies. The elements of filing an action determine the scope of the dispute dealt by the court. In this paper, by analyzing the existing problems of the civil procedure’s startup, the author thinks that China should enhance the independent status and authority of the courts. Under this premise, China should reduce the elements of filing a civil action, and put the right as a constitutionally protected right. China should abolish the terms that the court can append a third party ex officio. Instead, China should enhance joint action system. As in Chinese society " government is strong, and citizens are weak ", as well as the independent status of the courts and the lack of authority, China shall postpone giving the government agencies the power to file public interest litigation, and the development of public interest litigation should mainly rely on community organizations.