Research On The Regulation Against The Overdue Submissions Of The Attacking And Defending Methods In The Civil Litigation

Introduction:It introduces the legislative background,the research significance,the research status quo and the research methods of the regulatory system of the attacking and defending methods in the civil litigation,and summarizes the status quo of the legislation of the attacking and defending methods in the civil litigation and the related research.The positive results of the related legislation in foreign countries and regions are also introduced,and the characteristics of the regulatory system and the characteristics of the regulatory rules are summarized.On the basis of the foregoing introduction,some issues will be introduced and discussed and the object of study will be limited.Chapter I:Overview of overdue submissions of the attacking and defending methods.This chapter discusses the basic concepts,connotations and extensions of the attacking and defending methods and their overdue submissions.The attacking and defendingmethods in the civil litigation generally refer to the litigation information that the parties are used to explain the reasons for the action or to make a defense against the declaration,including all the fact claims and legal claims,deny,argue,evidence and defense to evidence.The attacking and defending methods should be distinguished from the attack and defense themselves.Meanwhile,the statement and some treatments are not included in the attacking and defending methods.There are a lot of types of attacking and defending methods,and theycan be classified according to different standards.In case of overdue submissions of the attacking and defending methods,it is necessary to firstly examine whether it meets the requirements of the constituent elements,including the overdue submissions of the attacking and defending methods,resulting in the consequences of the overdue submissions in the litigation,the causal relationship,and the exemption of a party.Similarly,the overdue submissions of the attacking and defending methods can also be classified according to different standards.Chapter II:The means of regulation of overdue submissions of the attacking and defending methods.This chapter begins with the evolution of the regulatory means,and discusses the related problems of regulation against overdue submissions of the attacking and defending methods.Under the doctrine of timely submissions,the sanctions should be imposed by the court according to the statutory procedures on the illegal overdue submissions of the attacking and defending methods.The loss of rights is essentially a sanction based on public law obligations,which can be divided into compulsory and discretionary loss of rights,as well as loss of rights caused by premeditation and negligence.The procedure of the sanctions should be initiated by the court,and thereafter the court carries out the relevant review and makes the free evaluation of evidence.In the process,the parties assume responsibility for claims and the burden of proof except on the subject matter of exemption in some cases.The parties can seek judicial relief through appeal when they consider that the court has made an improper judgment of dismissal or an improper application of the rules on loss of rights.In addition,the party who made submissions late can be forced into the burden of litigation costs or the administrative penalties,which are alternative means of sanctions against the overdue submissions of the attacking and defending methods.Chapter ?:Basis theories of the formulation of overdue submissions of the attacking and defending methods.This chapter explores the basis theories of regulatory system against the overdue submissions of the attacking and defending methods.The establishment of the obligation to promote the litigation in the civil procedure law indicates that the requirement of timely submissions of the attacking and defending methods has become a clear legal stipulation,and the corresponding rules on loss of rights have been formed here,and the sanctions will be imposed on the breach of the obligation to promote the litigation.The principle of good faith as an "emperor clause" also plays a fundamental role in the civil litigation,which requires that the parties should sue and enforce the action in good faith and not delay the litigation for some purpose.And the basic rights and basic principles in the constitution also play different roles in the field of supporting and controlling the application of the rules on loss of rights.This shows that the regulatory system against the overdue submissions of the attacking and defending methods is based on the lucrative legal theories,so the suitability of the system in the civil litigation is quite significant.Chapter IV:Comparison of the abroad regulatory system against overdue submissions of the attacking and defending methods.This chapter introduces the relevant laws and regulations of the main countries and regions of the civil law system(Germany,Japan and Taiwan Province of China)and the Anglo-American law system(the United Kingdom and the United States).It discusses the characteristics of the various countries and regions in the formulation of the stipulations of the determination and the rules on loss of rights against the overdue submissions,and makes a comparative analysis of the similarities and differences between the countries within the legal system and the commonality and difference between the two legal systems.It can be found that the sanctions are resolutely and severe imposed on the overdue submissions of the attacking and defending methods in different countries and regions.But in the specific operation,the differences are more or less and the same measures do not exist.The details of the differences are always inextricably linked with their economic and social development stage,the legal tradition of thinking and the culture and habits of their people.At this point,we must pay due attention to the implementation of judicial reform,in order to correct the legal system of civil proceedings.Chapter V:The status quo of the regulatory system against overdue submissions of the attacking and defending methods in China.This chapter makes a brief introduction to the relevant legislative system and its application and operation in the judicial action of the law and judicial interpretation of the law in China.From the real situation it is found out that the feature of the rules on loss of rights in the promotion of litigation is too weakened to enhance the effectiveness of litigation and the alienation has occurred on their function,new evidence and defense which should have been the important basis of making referees by courts under the doctrine of debate are not taken seriously by the judiciary and the legislator.Under this reality,it is very necessary to improve the theory and practice of the legal system according to the basic theory of regulating overdue submissions of the attacking and defending method by learning the advanced experience of extra-territorial legislation and through the reform of the civil litigation system in our country.Chapter VI:Measures to improve the regulatory system against overdue submissions of the attacking and defending methods in China.This chapter follows the above,briefly combing the flaws and malpractices of the present rules on evidence and loss of rights,and puts forward some countermeasures and suggestions to improve the regulatory system against overdue submissions of the attacking and defending methods in our civil litigation.In the choice of legislative model,we should learn the legislative model of the Taiwan Province of China,and amend the measures according to the academic research results and the actual situation in our country.In the general rules of the civil litigation,the effective protection of rights and the obligation to promote the litigation should be included in the basic principles,and the principle of good faith should be detailed,and the basic concept of the attacking and defending methods and the request about their timely submissions should be written into the general rules.In the specific procedures,the rules on loss of rights should be standardized and detailed,and the legislature should strengthen the obligation of clarification of the court,strengthen the period system on timely submissions and amend the system on new evidence as a reason to start a retrial,and grant the court a power to adjust the cost burden of litigation.In addition,the author also proposed the establishment of an effective pre-trial preparation procedures,and the division of labor division of the trial staff,and a reasonable way to achieve a wide range of judicial relief mechanism,in order to enhance the acceptance of relevant institutions in society and to ensure the smooth operation of the system in judicial practice.Conclusion:To sum up the full text and look forward to the future of the regulatory system against overdue submissions of the attacking and defending methods in the civil litigation.