On The Attacking And Defending Ways In The Civil Lawsuit

Attack ways in civil lawsuit is to put forward some facts and legal suggestions for the sake of supporting own action. With refuting the other's views, raising suggestions that is of advantage to own side is known as defense ways. At the same time, it is necessary to use legal evidences to testify these suggestions. This means that attack and defense ways include not only raising own suggestions but also bearing out those on the basis of evidences. It is because that the party will put forward own attack and defense ways in according of the other's maintaining evidences or related laws.Firstly the present writer explains implication, procedural characters, theory basis of attack and defense ways. Then the author introduces foreign countries'relating situations, analyze the domestic situations of attack and defense ways, expose defaults in it. At last, the author put forward some suggestions relating to attack and defense ways in order to uphold the parties' legal rights and to perfect the structure of attack and defense in civil litigation.There are four chapters in the paper. In Chapterâ… the writer give a elementary introduction about attack ways and defense ways in civil lawsuit, such as their meanings, procedural characters, basic theories and primary context. Then the author cast his eyes on several typical countries overseas, including Japan, Germany, France in civil law system and UK, US in common law system. And attack ways and defense ways in these countries are presented and summarized. In chapterâ…¢the host has a self-examination of several basic theories on attack ways and defense ways in our country, such as argument doctrine, honest doctrine. Meanwhile, inadequate study and default are exposed. Last some detailed suggestions of attack ways and defense ways are provided for making relative laws.