The right of action is the starting point and main line of the modernization of civil procedure in China.The Civil Procedure Law of 1982(for Trial Implementation)has shifted to establishing more flatted requirements to sue.This has not only obscured the nature of the right to sue,and shifted the civil action right to the mode of private law right of action,but also built up a high threshold of bringing a lawsuit,resulting in the phenomenon of'hard to sue'.The CPC Central Committee's Resolution on Certain Major Issues Concerning Comprehensively Advancing the Law-Based Governance of China of 2014 provides the basic idea and scientific method for the profound change of the civil action right,which means to reshape the flattened requirements to sue into the hierarchical elements of the right of action.Among them,the requirements of the action of bringing a lawsuit(the first level)and the elements of the right to sue(the second level)essentially simplify the requirements to sue and significantly reduce the threshold of bringing a lawsuit,which provides a theoretical basis for the further reform of the case registration system;the elements of the right to request a judgment(the third level)and the elements of the right to win a lawsuit(the fourth level)highlight the decisive role of the trial in safeguarding the right of action.In order to effectively deal with the problem of caseload surge and abuse of right of action,a supporting mechanism should be established and promoted to achieve the Chinese modernization of the civil action right.
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