Preliminary Study Of Defects And Their Remedies Of Civil Litigation Behavior

Action of civil procedure is the legal transaction which is conducted by subject of the action and adjusted by civil procedure rules and can bring about effects of action on procedure law. Action of civil procedure has legal factors of becoming effective. If lacking of those factors action of civil procedure would be defect, which would damage justice of procedure and substance. Defect of civil action can be divided into two categories: meaning defect and procedure defect. Traditional theories are absolutely expressionism and ignore meaning defect of action of civil procedure. Modern theories make a breakthrough and advocate giving the right of relief to the party. Some legal developed countries have carried out in legislation and administration of justice. We should learn from those rules and institutions. As for procedure defect, our civil procedure law has established some regulations. But there are still many drawbacks. We may set up regulations of exception right that have existed in civil procedure laws of many legal developed countries. Essentially party's right of exception is also a kind of relief right and corresponds with principle of settlement and debate. Exception right is a kind of reason opinion of justice procedure.