On The System Of Civil Proceedings The Defendant To Reply

Along with the development of the civil procedure and the centralism of judgment in China, the establishment and the promotion of the pretrial procedure has become one of the focuses of the innovation of our civil procedure system, however the attention is paid mainly on the submission and exchange rules of the evidence and the rule of defendant defending is ignored on some level. The problems caused by the imperfect regulation on the defendant defending are floating up the surface, and on some level we can say we haven't established essential defendant defending rule which has drawn the our attention. Ardent discussion and debate have been brought for a long time. Although there are obvious and great deference on the legal tradition between the common law system and the continental law system, they both have detailed and particular defendant defending rules. Defendant defending rules undertakes its own value and function in the civil procedure law system, the models of common law system and the continental law system may provide us with great experience and pattern.The article is composed of four chapters:Chapter one discusses the basic concept of defendant defending rules. This chapter analyses the internal meanings, concept and essence of defendant's defending act. The discussion and debate on the concept have been existing for a pretty long time. The author analyzes the different opinions and holds the opinion that defendant's defending should be regulated as one of defendant's legal rights and defendant's claim responsibility. If the defendant doesn't submit his/her defense adheres to the regulation and legislation, he/she should take the claim responsibility.Chapter two is the introduction of the defendant's defending rules of the common law system and the continental law system. The position and the function of the rules in two legal systems are not absolutely same which is determined by the different prosecution constructions and legal traditions. The research on other countries legislation is helpful for us to establish the rules. Chapter three analyzes the current situation of the defendant defending procedure in China. The regulation in our civil procedure isn't very specific, and restrictedly to say the civil procedure law only prescribes the time limit, but doesn't prescribe the responsibility of the failure for the defendant to submit the defense which has caused problems to the judicial system.Chapter four discusses the reformation and reconstruction of the defendant's defending rules of our civil procedure. The essence of reformation of foresaid rules is to establish the losing effect of defense rules. This chapter discusses the necessary and the feasibility to establish the rules of the losing effect of defense in the current circumstances and situations of judicial system and the society.