The Foundation Of Civil Defense Invalidity

The defendant is permitted to submit his plea arbitrarily in the defendant's plea system of our nation's civil litigation. This principle allows the defendant not to submit his plea, which wouldn't stop the process of the civil litigation. Disadvantages of the defendant's plea system begin to appear under this principle, because if the defendant doesn't submit his plea the plaintiff can't know how to against the defense from the defendant. The worst result is giving the defendant a chance to confront the plaintiff abruptly by not submitting his plea. Civil defense invalidity is the adversative system. It regulates that the defendant has a right to submit his plea during a period. This kind of right will become invalid if the defendant submits his plea illegally. This system makes the plaintiff know the defendant's thoughts and plans to plead, and then the plaintiff may confront the defendant equally. In this article, basing on the civil principle of debating and freedom of using personal right, the background of adversarial system and the analysis on civil defendant's plea system the civil defense invalidity system will be founded.This article altogether is divided into four chapters besides the foreword and the conclusion.The first chapter analyses the basic problems of civil defense invalidity system which includes the character of civil defense and the conception of civil defense invalidity.The second chapter analyses necessities and feasibilities of the foundation of this system in china.The third chapter introduces the civil defense invalidity system of some other countries in the first and makes some comparisons between our country and other countries in the second.The fourth chapter analyses the foundation of civil defense invalidity system of china.