Defense Invalidity In Civil Procedure

In pace with thorough Chinese civil procedure reformation, the material point of Chinese civil procedure reformation has been transferred form trial procedure to pretrial procedure.Theoretical area and practical area have in common with building perfect pretrial procedure. However, as basic stage of pretrial procedure has no power in assuming internal demand of pretrial procedure, defendant defenses arbitrarily make the target of fixing in pretrial procedure unrealized. Stay in the background, the existing of defendant defense brings into rebuilding. With investigation into foreign defendant defense system, whether or not quoting form defense invalidation system, theoretical area gives birth to big divergence. Defense invalidation is a common system between different countries. Although specific system design is different, they all contain common litigation ideal, value, and rule. This dissertation has analyzed defense invalidation from a new visual angle, and tries to solve four problems: What is defense invalidation? Where is proper foundation? What obstacles are them about theory and practice in defense invalidation? And is there any possibility in quoting form defense invalidation?There are about 45,000 words totally in this article, the main body of which consists of four parts:The first part tries to introduce the survey of defense invalidation. First, writer will try to definite the concept of defense and defense invalidation. At the basic of definition, to analyze the applying object, applying limits, and law consequence of defense invalidation. Second, by making a thorough inquiry on law foundation and litigation ideal from the law value. Third, by perspectiving the function of defense invalidation, enrich the concept of defense invalidation.The second part tries to introduce different countries make laws in defense invalidation. Then by comparing their similar regions and different areas, to discover some common rule for the reformation of defendant defense in our country, or provide some thinking.The third part is what the obstacles about theory and practice are in defendant defense in china. On making-law obstacle, firstly, in legislation defendant defense is defined by too simple, crude and careless, and soften, which make the position of accusant and defendant out of balance. There are no defense invalidation system in our country. Secondly, it reveals the reason of defect in legislation. On practical obstacle, the important point is that defendant don't submit defense to accusant and court. The problem of delay in litigation is very serious. Further it raises another question about what kind of defense. Right, or Obligation, or Both, nobody can answer clearly. But it worthy to be considered.The forth part tries to discuss that it is whether or not to accept defense invalidation system. At the very beginning, writer put forward some oppose viewpoints, then fight back these oppose viewpoints, at the same time, set up the standpoint of myself. In my opinion, at present we have some conditions to accept defense invalidation. Furthermore, I discuss how to establish specific systems briefly. Publication exposes the problems of defense invalidation to view of public. We believe that the correct will be developed, and the false will be modified.