The Civil Pleading In British And American And Its Reference To China

Pleading is the beginning part of the Civil Procedure, and laid a good foundation for the smooth function of the Civil Procedure. Pleading came from the British Common Law Times, developing with the development of British and American civil litigation system. After years evolution, in British and American, Pleading abroad on the provisions are relatively mature. However, China's situation is different. In China, there does not exist the pleading procedure for the true sense currently. The hard conditions for prosecution, the arbitrary nature of the Defense and the lack of other matching rules make China's prosecution and the defense system existing many problems in legislation and justice practice. Transformation of China's prosecution and the defense system is practical significance.The article mainly consists of four parts: Chapter one mainly introduces the history of pleading and development. Chapter two mainly introduces the British and American's status pleading and running. The third chapter mainly discusses the status of our country's prosecution and defense system. And through the comparison to the existing pleading with the British and American, revealing the shortcomings of our prosecution and the defense. And the last chapter of the arterial analyzes the necessity of the transformation of our country'prosecution and defense system.