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我国法律对于人民法院向当事人递交诉讼文书作了相当明确的规定,同时,法律也对当事人向人民法院递交诉讼文书作了规定,只是这些规定比较散乱,加之又无可操作性,因而司法实践中对当事人递交诉讼文书这一制度的贯彻可以说不具体、不完善,或根本未落到实处。特别是当事人递交诉讼文书的时间记载这一问题,多数法院都是以当事人诉讼文书上载明时间为收到日期或根本未注意时间问题。然而,从我国刑事、民事、行政这三大诉讼法来看,当事人递交文书的时间不仅关系到当事人诉讼权利的行使,而且有时还直接影响到当事人的实体权利的保护。因此,笔者认为:完善当事人递交诉讼文书制度,确保当事人的合法权益,应该引起人民法院的高度重视。笔者拟就当事人递交诉讼文书这一制度淡点浅见,以求得同行的共识。
Our law provides fairly clear stipulations for the people’s court to submit litigation documents to the parties. At the same time, the law also provides for the parties to submit litigation documents to the people’s court. However, these provisions are rather arbitrary and inadmissibility. Therefore, in judicial practice The implementation of the system of submitting litigation documents by litigants can be described as specific, imperfect, or simply not implemented. In particular, the parties concerned have recorded the issue at the time of submission of the litigation documents, and most courts have set the time as the date of receipt on the parties’ litigation documents or have not paid any attention to the issue of time. However, judging from the three major procedural laws in our country, such as criminal, civil and administrative matters, the time for the parties to submit instruments not only concerns the exercise of litigation rights of litigants, but also directly affects the protection of the substantive rights of the parties at times. Therefore, I think: to improve the parties to submit the litigation system, to ensure that the parties legitimate rights and interests, should cause the people’s court attach great importance. I intend to submit litigation documents litigation system of the parties a bit humble opinion, in order to obtain the consensus of peers.