河北法学2025，Vol.43Issue(3)：2-22,21.DOI:10.16494/j.cnki.1002-3933.2025.03.001
民事诉权的中国意涵
The Connotation of Civil Litigation Rights in China
摘要
Abstract
The autonomous knowledge system is a common concern for jurisprudence and branch law studies.Research on the autonomous knowledge system of civil litigation is marginalized and one-sided,particularly confined to topics such as multi-disputes resolution,online litigation,metaverse,and blockchain.The overemphasis on the technicality of civil litigation,the binary pattern of substantive law and procedural law,the insufficiency of autonomy in the face of judicial orientation,and the marginalization of civil litigation basic theory starting from litigation rights collectively lead to a lack of internal drive in the construction of the autonomous knowledge system of civil litigation.The ambiguity and contradiction of the meaning of civil litigation rights in our country are original.More than ten years after the review and adoption of the Decision on Governing the Country According to Law,the general meaning of civil litigation rights has not been reshaped.The common expression of litigation rights,public law litigation rights as the appearance,and private law litigation rights as the essence,is the result of sliding towards the private law litigation rights model after the reform and opening up,which is the theoretical basis for the case filing review system.The three-step case filing registration system reform over the past decade and its litigation rights practice are a reiteration and implementation of the principle of statutory conditions for filing lawsuits,but the expression of litigation rights still remains in the conditional attachment of litigation rights,showing a center of filing rights.The deepening reform of the case filing registration system requires reshaping the meaning of civil litigation rights in our country guided by the theory of public law litigation rights,and accordingly,fully implement the hierarchical litigation rights and the systematization of civil litigation rights contained in the Decision on Governing the Country According to Law.关键词
民事诉讼/自主知识体系/诉权/起诉条件/立案登记/体系化Key words
civil litigation/autonomous knowledge system/litigation rights/conditions for filing lawsuits/case filing registration/systematization分类
社会科学引用本文复制引用
任重..民事诉权的中国意涵[J].河北法学,2025,43(3):2-22,21.基金项目
本文系国家社科基金重点项目"民事诉权行使限度研究"(24AFX021)的阶段性成果. （24AFX021）
