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在民事诉讼实务中,民事诉讼案由的确定主体法律规定不明,实践做法也不一,给民众的起诉行为造成较大障碍,是我国现阶段解决“起诉难”这一顽疾问题应当必须关注的问题。我国古代诉讼的“案由”确定主体和我国台湾地区现阶段的“案由”确定主体,对我国现阶段立案制度和案由确定提供重要意义。即,民事案由由人民法院立案庭确定,可以保障当事人的诉权,回归民事诉讼法本来的立法意图,从而为解决起诉难和促进和谐社会发挥重要作用。
In the practice of civil litigation, the definition of the main cause of the civil lawsuit is not clear and the practice is not uniform, posing a big obstacle to the people’s prosecution. This is the problem that China should solve in the present stage to solve the difficult problem of “prosecution difficult” The problem. The main body of “ancient Chinese lawsuit” and “main body of the case” of the present stage in Taiwan of our country provide the important meaning to the establishment of the filing system and the case at the present stage in our country. That is, the civil case was established by the court of the people’s court to guarantee the parties’ right of action and return to the original legislative intent of the Civil Procedure Law, thus playing an important role in solving the difficulty of prosecution and promoting the harmonious society.