Civil Procedure Invalidity Research And Analysis

Civil litigation invalidity institution has neither been established in our country's civil procedure law, nor been researched theoretically sufficiently, especially from a systematic point of view. On the basis of the fundamental structure of civil procedure, the flowing and unitive thought can be formed, so it can be concluded that the civil litigation invalidity institution should be established and researched.The most fundamental and decisive elements of civil procedure are counterwork and adjudgement, the word "counterwork" means that the litigants are put in two opposite positions by the law, and the attack and defense between them form the mainframe of the litigation. But how the litigant attacks his opponent and defends himself? The answer is: civil litigation rights given by the procedural law. In another word, the civil litigation rights of the litigant play an important role in the process of litigation.The litigation is a system formed by the court and the litigants, aiming at settle the disputes between the litigants fairly and efficiently. The propulsion of the system is the trail power of the court and the litigation rights of the litigants.In the process of the functioning of this system, the power of the court is rather steady because it has already been fixed clearly in the procedural law, but the another pole of the system, the litigants, are totally different. How the litigants deal with their litigation rights depends on their psychic attitude. Some exert their litigation rights properly and timely, so the litigation processes smoothly and a sati factionary end can be reached; some lose their litigation rights because they don't know the existence of the rights at all; and the others try to block the process of the litigation intentionally and improperly. So the litigation is delayed and the opposing party's lawful rights are infracted.The behaviors above may happen in any phase of the litigation, so the idiographic forms of the civil litigation invalidity institution are multiform. In essence, the litigants exert their rights or not, even the different way they exert the rights make essentially effect to, and in a certain point of view, decide the result of the litigation.On the basis of the perspective litigation, as a procedure matter of losing litigation rights, the importance of civil litigation invalidity institution is self-evident. Additionally, civil litigation invalidity institution has abundant content and a rather independent and integrated system, so it can be understood and researched as an institution of civil procedural law.In this six-parted article, the author discusses the concept, the reasons of being, the significance and values of the civil litigation invalidity institution. And in the main part of this article, the author dissertate the idiographic types of the civil litigation invalidity institution in detail. At the end of the article, the author renders his own opinions on how to reach civil litigation invalidity institution.