Program Point Of View "the Respondent Lost The Right To Perfection From The Pre-trial Preparation

By the lawsuit system in this country,"Defense"is taken as a right,not an obligation by the accused.Therefore,the accused is not liable to any failure of lawsuit enforcement by giving up a plea without any reason.The local law and law enforcement explanations only cover the aspects of plea enforcement and deadlines etc.,but the law doesn't cover the legal responsibility by those who fail to give a plea in time.That is the absence of"loss of right of reply". The defense procedure,as a key part in the lawsuit should be a reasonable way from which the related parties get the information for a settlement with short time and at low cost.To achieve it,"the loss of right of reply"should be an indispensable and core part of the lawsuit system.In view of the practices of trial in this country,the defense system exists in name only in the arrangement of litigation,which tends to create obstacles of reluctances in demurrer to evidences,delay of defenses and evidence raid by the accused.This prevents the establishment of a system by which the pre-court preparation,loss of evidence power and defense-free trial be exercised normally.This forms an unbalancing of obligations between the two parties,resulting in an increase of lawsuit costs and a loss of social judicial resources as well.This is true today with the increasing awareness of rights for lawsuit by the local people, with the increasing numbers of civil lawsuits and complicated cases of lawsuits in particular while the local courts are still suffering from the shortages of hands.This article explained the pre-court preparation,its function and value using the concept of"loss of right of reply".The historical development and features of the two legal systems concerning"the loss of right of reply"have been explained by using many actual cases to make a judicial analysis of the controversies over the setup of"the loss of right of reply"system by the local legislature. A preliminary research work has been done for a possible establishment of the"loss of right of reply"system in this country's civil lawsuit operation,its urgency and contents as well as a possible improvement in the fields of pre-court preparation,legislative suggestions and people's awareness of procedural justice in lawsuit etc.