Civil Procedure Invalidity

Based on the analysis of legal principles and the comparisonbetween domestic system and relevant systems abroad, setting out fromlitigious rights, this paper maintains to systematically set up a perfectsystem of loss of litigious rights, so that the problems of proceduralconfusions caused by abuse of droit and legitimate interests infringed bythe adversary and actions of low efficiency can be resolved throughmutual assistance between this system and other civil procedural systems.Besides, in order to accelerate the developmental process of the system ofloss of litigious rights in China, this paper puts forward some materialsuggestions on how to construct and to perfect the system.This paper is divided into three parts: the preface, text andconclusion. And the text includes five parts as follows:Chapter Ⅰ is to introduce the system of loss of litigious rights: afterconfirming the concept of litigious rights, this paper has analyzed thelegislative purposes of litigious rights and the structure of litigious rights.Furthermore, after analyzing and summarizing the concept and thesignificance of the system of loss of litigious rights, this paper focusesmainly on the types of loss of litigious rights. Analyzing from the causalpoint of view, this paper divides reasons that lead to loss of litigiousrights into three parts: lacking basic legal capacity to sue, blemishes ofperforming litigious rights and the violation of legislative purposes oflitigious rights. As for types of the loss of litigious rights, according todifferent kinds of loss of rights, this paper divides it into following parts:loss of evidential rights, loss of replying rights, loss of rights of appeal,loss of rights of application for retrial, loss of rights caused by estoppels,etc.In Chapter II, this paper makes analysis of loss of litigious rights fromlegal theories, demonstrating important effects played by the system ofloss of litigious rights on improving litigious efficiency, promoting toproduce fair results and protecting the rule of honesty through threeaspects narrated as follows: the inception point of loss of litigious rights:litigious efficiency;the objective of loss of litigious rights;the justness ofprocedure;and the groundwork of loss of litigious rights: litigiousimpartiality.Chapter III has analyzed the function of the system of loss of litigiousrights. Through the analysis of three aspects (including the system of lossof replying rights protect the principle of parties' equality in status;thesystem of loss of evidential rights helping the burden of proof;the systemof loss of litigious rights in respect that estoppels protect the principle ofestoppels), this chapter declares that as a "latent system", the system ofloss of litigious rights is an important litigious system. Besides, in orderto set up a unified, harmonious and orderly civil litigious system, weshould combine the system of loss of civil rights and other litigioussystems so that they can become organic and uniform as a whole.As for different countries' legislation on the system of loss of litigiousrights, Chapter IV adopts comparative study method. It compares ourlegislation on the system of loss of civil litigation with that of America,Britain, Germany, France and Japan. The author deems these countries'civil procedural law relatively representative, so he chooses them asinvestigated targets and introduces their concrete regulations of loss oflitigious rights. And through this above comparative study, the authoroffers references for our country to construct the system of loss oflitigious rights.In Chapter V, the author puts forward his own conception of thesystem of loss of litigious rights in China. The author figures out thatthere have already been some regulations of loss of rights in our nationalcivil procedural law, but they are not complete enough, and that weshould build the system of loss of litigious rights on the whole.Specifically speaking, in order to solve the problems caused by loss ofrights in judicial practice, we should perfect loss of rights of jurisdictionaldissents, loss of replying rights, loss of evidential rights, loss of rights ofappeal, and loss of rights of application for retrial, based on our existingcontents of loss of litigious rights. In addition, while constructing andperfecting the system of loss of litigious rights, we should also payattention to regulations of its remedies and judges' jurisdictional rights.