On The Evolution Of Rights Of Action Between Plaintiff And Defendant In Early Common Law

Any nation is burdened with the past and looks forword to the future. Therefore, we should know the truth of the changes from past to present , in order to study the philosophy of the occasion of Heaven. In this paper, I use historical research methods to analyze the right of Plaintiff and Defendant ,which is how to game, how to evolve, and at the same time to provide readers with some little-known history. In modern Anglo-American legal rules, the Plaintiff and defendant have equal opportunities to state and proof,forming a very characteristic adversarial system. However, the two sides in the proceedings of the status and rights enjoyed by the inequality, and consequently had experienced the evolution towards equality in the early Middle Ages.we should respect the objective history and have rational thinking of the British tradition in the cultural, political and legal factors,in order to have a comprehensive examination of conduct to reflect the history of efforts to explore social change, legal development and human progress of the interaction, consequently revealing the spirit of the common law. Well, let us cherish the rule of law in the process of modern achievements ,which is the value of this article. Domestic and foreign scholars have analyzed the formation and development of common law from different angles.This paper,I use Mill Pine's research perspective (proceedings) ,innovatly putting forword my own view,which is expressed in the game of between plantiff and defendant.On the empirical research methods ,I appear have answered the connection between the defendant's special plea and jury system.The common law has continually developed by the improvement of these specific systems.This article dealts with the right of action between Plaintiff and Defendant ,which is embodied in Writ of right and Possessary Action . The specific content of this article is divided into four parts: Firstly, Introduction focuses on the theoretical significance of this writing, research methods, as well as domestic and foreign concern of the relevant content; The second part describes plaintiff have harsh right to state and not allowed to appeal.But the defendant have a simple yes or no answer, obviously the plaintiff at a disadvantage; At the same time , early Writ of right allow the unpredictability of the lack of a more rational decision to make duel ,plaintiff being at more disadvantage. The third part, after the mid-13th century, in the post- Writ of Right and Possessary Action , the royal court began to allow the defendant to do a special plea, the burden of proof shifted to the defendant.And,the defendant have no excuse at the absence of the court . The third part discusses some of the major reasons for these changes .For example,fair idea of domination and the jury ,which brought about change in the way of evidence to review. As Mr. Li Honghai said, the special plea and the parties on specific issues of the jury's ruling are two very important factors to study the development of substantive rules of common law. The reason which led to a special reply from the general plea is the domination concept of fair.The common law has breaken a lot of unreasonable constraints in order to develop, thus the interests of both sides will be legal y and legitimately protected.