The Research Of Compulsory Defense System In Civil Litigation

Compulsory defense system has been formulated by foreign law system. Our country now doesn't have this system. In civil procedural law, article 113 says,"The court should send the indictment to the defendant in 5 days since the case has been registered. The defendant can submit his reply to the court in 15 days .If the defendant doesn't submit, it will not affect the trial."In the law of the evidences of civil litigation drafted by Supreme Court, article 32 says, "The defendant should submit his reply before the date of defense expired."But it doesn't say the legal consequence of no defense. This has given a chance for the defendant not to reply.Because there is little rigid control for the defendant to submit his reply, and the theory pays little attention, it has led to lots of malpractice. In practice, a lot of defendants don't submit their replies. The reason is that defendants want to give plaintiffs some surprises in the trial. Meanwhile, defendants do not undertake any responsibilities. All this reasons impel defendants don't submit their replies. This has burdened the trial, low the efficiency and delay the litigation .It also has weaken plaintiffs'abilities and it isn't equal for plaintiffs.In order to protect the litigation rights of the two parties, improve trial efficiency, and prevent trial surprise, the author puts forward to draw compulsory defense system of foreign laws into our civil procedural laws. In this conception, the thesis has formed.There are three parts in the thesis: introductory remarks, main body and concluding remarks. Among main body, there are four chapters.Introductory remarks briefly set force the value, the visual angle and the center problem of the theme.Chapter one begins from a case, then it sets out the concept, the content, and the legal result of compulsory defense system. It also fixes the position of the nature of compulsory defense.Chapter two firstly talks about the value of compulsory defense system. Then it discusses the conflicts between the right for the parties to deal with and compulsory defense system. In the end, it makes the choice.Chapter three firstly observes compulsory defense system of other countries and districts. Then it discusses the same and the difference between the two legal systems. Thirdly, the author analyses the effect which the mode of litigation do to compulsory defense system. This has given some enlightenments: We should pay attention to the caution ,urgency and coordination when drawing this system into our country.Chapter four is the focal point in the thesis. The author has structured the compulsory defense system in our country. Firstly, it introduces the present conditions of civil procedural legislation &shortcomings in our country. Secondly, it analyzes the legal conditionsï¹ environment of our country. Thirdly, the author has put forward the concrete plan about compulsory defense system in our country, including the applicable range, the deadline of defense, the way how to defense, the content of the reply, the legal effect, the applicable limit and the exceptions. In the end, it mentions the necessary system about compulsory defense.In concluding remark, it summarize the whole thesis briefly and point out what should be studied further.The thesis aims to have some achievements: Firstly, it fixes the position of the nature of compulsory defense. Secondly, it refers to the conflict between the disposition right of the partiesï¹ compulsory defense system., and what the author chooses. Lastly, it mentions the relationship between litigation modeï¹ compulsory defense system..In fact, it is a big topic to study the system of compulsory defense system. So it is hard to resolve the problem without a good stock of knowledge. In addition, this system is a topic full of practice problem which need a series of deep investigation. As for these two aspects, my knowledge and investigation is not so enough that I can only do a general study on this topic. If there are any faults or pretermissions, please don't hesitate to point out.