On The Right Of Reply Lost In The Civil Action

Defense Invalidity refers to a litigating system in civil procedure that defendant loses his defending right and will be self responsible for the disadvantageous consequences resulting from that he fails to implement the response in the specified period. Defense Invalidity is an important part of the preparatory procedures before trial. Defendant should defense himself properly in the prescribed period. Otherwise, this will lead to adverse legal consequences to him-self.Regarding for the nature of the defendant' responding act, aiming at the deficiencies of the Rights and Obligations, we can improve the Rights. In the view of legislating, it is recognized that responding is the litigating right of defendant. At the same time the defendant should bear the consequences of losing the right resulting from not responding in specified time. Restraining the defendant's response for reason of losing the right, can at one hand maintain the unity and dignity of law, and at the other hand, can ensure the equal rights in the litigation for both sides. This will also help to improve judicial efficiency, and express the value of fairness and efficiency in litigation.Despite of the differences in the understanding for the nature of the responding, the Rights and the Obligations opinion are of common fields in the value orientation of responding. That is, both Rights and Obligations opinion agree that responding is a way to guarantee the fairness and efficiency of litigation. The Defense Invalidity is an effective system to guarantee fair and efficient litigation. It can be understood from two aspects. First, Defense Invalidity system can reflect litigation's requirements for litigation system, ensure active participation of attendants involved in litigation proceedings, have access to equal information, and prevent surprise attack to the plaintiff during trial, guarantee fair attacks and defenses between two parties. It is conductive to the realization of justice entities. Second, the Defense Invalidity reflects litigation economy's requirements for litigation system. Establishing Defense Invalidity meets the requirements of fairness and efficiency of procedures.The study of Defense Invalidity in civil action is not only a foundation to establish Litigation Invalidity reasonably, but also a basis to set up relevant reply law system. This article, integrating with the relevant litigating theories and judicial practices, through the comprehensive analysis on the meaning and character of Defense Invalidity, will highlight the significant value concepts existing in the Defense Invalidity. This will surely propose some suggestions to the establishment of the Defense Invalidity system in China.