关键词: 民事诉讼法修正案, 立案程序, 法律解释, 司法改革

Abstract:  The casefiling procedure is probably the most disorganized part of China' civil proceeding system. Since the 2012 “Amendments to Civil Procedure Law” was formulated within the old framework, it fails to balance the call for political harmony, the need to ensure the right to appeal, and the demand for greater legal efficiency. The disorganized nature has caused many practical problems and theoretical dilemmas, affecting both the structure and function of the procedure. For example, the mixed review system makes it difficult to determine the starting point of effectiveness of a prosecution; the court prosecution review system often interrupts the pleading and defense process between the prosecutor and the defendant, thus damaging both the right to appeal and the procedure's efficiency; the absence of legal restraints during the period when one has the right or the obligation to defend not only affects the justice of the procedure but also reduces its efficiency; and the difficulties in pretrial mediation works against its overall purpose. Based on the principles and objectives of the new law, through legal interpretation and judiciary reform, efforts could be made to clearly define the lawfiling, pretrial and even prelitigation procedures and then properly connect these stages, so as to ensure the fulfillment of the fundamental objectives.
Key words：

Key words: “Amendments to Civil Procedure Law”, casefiling procedure, legal interpretation, judiciary reform