Relief Of The Parties' Procedural Acts Defect

"Justice and efficiency" is the timeless value and goal of Civil Procedure, but also the work subject of our people's court, the administration of justice for the people is our country's highest judicial philosophy. The value of both the implementation of Civil Procedure, the practice of people's court work subject, or the concept of the Supreme Council of Justice are cast, are closely linked to legal action of the parties. The party is one extremely important kind in the Civil Procedure, behavior put into effect by them may arouse lawsuit legal relation creates, changes, or to die out. But shortcoming because of the parties' law knowledge, whose action at law is put into effect impossibly completely according to the law regulation, if lacking of those factors action of founded conditions or valid conditions would be defect, which then having possibility to damage justice of procedure and substance. Therefore, to relieve the defect of the parties' litigation acts and makes corresponding system making arrangements for having appeared very urgent and necessary. The main body of this particle is aiming at bringing forward in relation to suggestion on legislation , introducing advanced system of abroad, promoting timely and accurate assessment of the parties' acts. Then, the Civil Procedure will be more stable, the result of procedure will become more impartial, and the judiciary efficiency is managed to be improved.In the process of thesis writing, the author insisted on the analysis method of Law, through a comparative study and empirical analysis to the value of the established goal of the lawsuit based on a three-part legal action against the parties and the defect relief discussed:The first part of a general Introduction of the parties, as well as legal action litigation defect fundamental problem. About the meaning of civil behavior, the theory of China's Civil Procedure Law still exist a variety of community theory, there are "theory of legal nexus", "legal relationship" and "theory of effect" the three. I agree with "effect that," and pointed out that the proceedings also not all be able to produce the effect of procedural law on the conduct of, only those that could happen "expected" effects of the conduct of litigation is legal action we are talking about. Civil behavior from the theory of history to start, introduce the theory of the origin of legal action as well as development in Germany, mainland China and Taiwan regions. Through the pattern of founded and valid conditions of Civil Legal acts to debut that of Civil Procedure behavior, the concept of the defect of parties' legal action has been fixed out thereby.The second part of legal action against the parties of the defect and its relief patterns basic theory, to discuss cases of extra-territorial legislation. According to the establishment and commencement of civil behavior theory, parties to legal action will be divided into four patterns defect: there is the defect of main body legal action; acts of unlawful content; form of unlawful acts; intention misrepresentation. One of focus on an analysis of the concept of intension misrepresentation, the types of Two Legal representative of the country, such as the United States, Germany, Japan, France, said intention misrepresentation should be relief of the theory and practice of argumentation, Two fundamental law departments have come to mean that the parties should be implemented untrue relief proceedings, the conclusions reached a consensus on Two Legal-related operations in specific country, there are still some differences between the parties in expressing the meaning of true relief to the scope of legal action conditions, range and style. Paving the way for advising our country to introduce the proposed relief system of intention misrepresentation, to discuss the general elements and methods of relief.The third part is talking about how to improve the system of relieving The parties' Procedural Acts defect in our Country, making recommendations for it, demonstrated the necessary to improve the system, implementation procedures are justice and the value entity balance the requirements of justice, the parties realize the need for substantive equality, but also conducive to protect the legitimacy of the court and judicial of the credibility of the society. The Parties put forward a sound system defect legal action should be guided by the following three principles: the principle of good faith; the principle of proportionality; principle of self-determination. Civil Procedure Law of China and the Legislative Council and on the theory of defects, it is recommended that establishing relief system of intention misrepresentation, combined with the reality of our country, there are five main methods of relief .Such as withdrawing the act which has defect, defect correction, ratification, and treat to behavior go along having defect, as well as the conduct of the treatment of the five declared null and void. To relieve the act for the parties of litigation , in our country despite the current Code of Civil Procedure, the relevant provisions, but still not perfect, this could be considered Taiwan's Legislative Reference as an Example, set the right of exception, it corresponds with Principle of Settlement and Debate in our country. Exception right is a kind of reason opinion of justice procedure. It should also be pointed out clearly from the Procedural Acts of the parties defect types of proceedings and relief, and relief of the conditions and modalities ,and really protect the rights of the parties, the stability and maintenance of procedures, as well as the entity's fair judicial authority.