Research On The System Of Defense Invalidity Of Civil Procedure

Along with advancement of our country's civil judicial reform, the efficiency of action, the stability of procedure and the authority of judicial have already become to be the anxious goal of the civil procedural system, as well as substantive justice. In this context, the civil pretrial procedure become to be the focus to which the scholars and the practitioners of civil procedure law pay attention. However, the defence which is the important link of the civil pretrial procedure, few scholars is enthusiastic in it. In our country, the present civil procedure law is very few to the defence stipulation, there is not the formation of the defence system yet. As a result of the insufficiency of system supply, defendant's reply is short of the strict procedural restraint for a long time. In the judicial practice, the great mass of defendants did not reply, nor replied on time, nor make substantive reply and so on.The defence deviated from the normal restrict, and became to be the restraint of the civil pretrial procedure's function to a great extent, and also created enormous corrosion of the procedure's efficiency, stability, equality and so on.In view of this, the scholars reconsider the present situation of our country's civil procedure, draw on the experience of other countries and areas in development, proposed to establish the system of defense invalidity, to solve the dilemmas of defence. The author draws up in profits from other scholars' achievements, to clearly set forth the conception, the legislation, the theoretic foundation of the system of defense invalidity, and analyses the dilemma of our country's civil defence at present and the reasons of it, attempt to propose the incremental scheme of ours defense invalidity.This article overall divides into three parts:introduction, main text and conclusion. The main text includes five parts:First, I will introduce the summary of the civil defense invalidity. This parts includes the conception and nature of defence, and then the conception of the civil defense invalidity, so that we can understand the foundational questions and outline of the civil defense invalidity.Second, we will analyse the validity of the civil defense invalidity, including macroscopic and microscopic analysis. The procedural efficiency, the procedural stability, the principle of equality, the principle of good faith, the adversary system and the principle of concentrating will sustain the validity of the civil defense invalidity.Third, I will introduce the the civil defense invalidity in different countries and areas, taking America, England, Germany, Japan and Taiwan of China for example.So that, we will understand the legislation of the civil defense invalidity in different countries and areas,and carry on the general and the different comparison, in order to get specific impression of the civil defense invalidity.Fourth,1 will introduce the present situation of Chinese Civil defence. On this basis, 1 will analyse the dilemmas of defence, in search of the reasons of current difficulties,finally draw up in profits from other scholars'achievements, to solve the dilemmas to which we face.Fifth,1 will attempt to propose the incremental scheme of Chinese Civil defense invalidity. With regards to this, we should draw up in profits from other scholars' achievements, and draw on the experiences of other countries and areas in development.