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. After the indictment served on whether the defendant submit his plea or not would not produce any effect of procedural constraints. Any defense doctrine in practice, increasingly highlight the drawbacks, the biggest problem is that the defendant often make use of loopholes in legislation to conduct a surprise attack on the plaintiff in order to achieve win. Compared with the any defense doctrine, the biggest advantage of Civil Defense Invalidity's biggest advantage is to facilitate the defendants actively responding and positively replying, so as to ensure the defendant's claim to know the plaintiff and defense methods to protect the plaintiff's litigation rights. Under the "adversary system under the principles of debate and disposition of the principles " theory, supported by procedural fairness of the implementation and trial efficiency, combined with related litigation theory and judicial practice, through the comprehensive analysis of the meaning and nature of the loss of the right of reply system and other related theories revealed which values Civil Defense Invalidity contains, pointing out that China should establish Civil Defense Invalidity and making some suggestions.The first part of this paper discuss Civil Defense Invalidity and the theoretical basis for the content of the system, including the meaning of civil defense, nature of the civil defense, the content of Civil Defense Invalidity, the theoretical basis of Civil Defense Invalidity. Respondent is defined as a narrow concept at first .The second section discuss the nature of the respondent, the next section attempt to demonstrate " right amendment " point of view. At last it analyses the concept of Civil Defense Invalidity and discuss the theoretical basis of it.The second part make a comparative analysis of several country's Civil Defense Invalidity. It discuss the history of the formation of Two Schools'Civil Defense Invalidity and point out the difference in the institutional design of two School and try to provide some reference for the design of our Civil Defense Invalidity .The third part is to construct and build our Civil Defense Invalidity, including the status of our country's legislation and its drawbacks, the debate comments of whether founding Civil Defense Invalidity or not , the specific skill of constructing and building Civil Defense Invalidity, and other relevant supporting systems. First, it point out that the lack of Civil Defense Invalidity caused negative effects in practice, following it discuss whether Civil Defense Invalidity should be introduced in our legislation by an integrated perspective, next it introduce the ideas of Civil Defense Invalidity according to the reality of our country and practical experience, finally it introduce my own point of view to improve the relevant supporting systems.