论民事立案登记制审查中的“形式”与“实质”

在近一年实践过程中，我国的立案登记制已略显成效，但也仍然存在不少问题。在立案登记制度是否需要审查，其为形式审查还是实质审查，如何明确立案登记中形式审查的审查标准和范围，如何保持好立案登记形式审查程序与后续的审判与调解程序之间的零缝隙衔接等方面还需要不断完善。只有这样，立案登记制度才能真正实现理论来源于实践并积极作用于实践的良性诉讼循环。

On the Examination "Form" and "Substance" in the Civil Case Registration System

The practice of registration system has been slightly effective in the last year,but there are still many problems. This paper suggests that we should continue to improve formal registration in that whether the registration system needs to be examined, in that whether it is a formal examination or a substantive examination, in that how to keep clear the standard and scope of formal examination, and in that how to keep a good connection between the examination procedure and the follow-up trial and mediation procedure. And other aspects also need to be constantly improved. Only in this way, can we form a benign litigation cycle for the registration system which is truly realized that the theory comes from the practice and acts on the practice.