Analysis Of The Right To Plea System And Its Judicial Practices

Unsafe right of defense is the sort of the most important right among the three rights of defense and the sort of right which is difficult to understand and mater. It can be found in the civil code of civil law system and the similar stipulations can be found in the legal system of common law system. As a defensive right, it give the right to one party of the contract which have to perform first to suspend to perform its obligations ,and the right of the other party to sue is suspended.As the development of the market economy, the contacts between the economic subjects become frequent and the corresponding norms are needed to regulate the behaviors of the parties of the contracts. Unsafe right of defense has been brought in in the new Contract Act to guarantee the safety of the transactions and suppress the commercial cheats and malicious repudiations ,hoping to establish a normal market economy order and impetus social economy development and market prosperity. But as a new legal regime, we have the strange feelings toward it. The system design of unsafe right of defense has some flaws and needs to improve.The author of this paper engages in the trial of civil and commercial cases and has some puzzles of unsafe right of defense in the judicial pratice, like the stipulations are too principle and the meanings are not easy to define in application; the phenomenon of"crash"etc. The purpose of this paper is to analyse the system of unsafe right of defense and discuss some problems of the application in the judicial practice.