Study On The Pretrial Defense System In Civil Litigation

Along with the development of the reform of our country’s judicial, the key pointof civil procedure reformation has been transferred from trial procedure to pretrialprocedure. Pretrial defense system is the important of the pretrial preparation.However, reviews our country procedure law, stipulates about the defense and so onrelated questions is very imperfect and no rigorous system. In practice, a lot ofdefendants don’t submit their replies or submit false defense, which not only leddirectly to the good performance of the related systems, but also seriously affected ourcountry the majesty of the law.In view of this phenomenon, the author thinks that, we ought to be draw on thedevelopment of the judicial practice and legislation experience in other areas andcountries, combines with our national conditions, obviously introduce the new theoreticand the conception in order to foundation the updated system of defense invalidity, andanalyses the predicament of our country’s civil pretrial defense at the present time andthe reason of it, trying to offer the incremental ndefense invalidity system accord withChina’s national conditions.This essay altogether mainly divided into five parts besides the foreword and theconclusion.The first part of this article is the summary of the basic principle of the system oflosing effect of defense. Including the concept of defense, losing effect and losing effectof defense, and so on.The second part mainly introduced the exile developed countries’ pretrial defensesystem about the legislation contents. Through to the commentary of the system ofcommon law and the system of civil law, we can find the differences between the twolegal families and the reasons of these differences. Then by comparing their similarregions and different areas, to discover some common rule for the reformation ofpretrial defense in our country, or provide some Reference or enlighten.The third part is the introduction of the current legislation present situation andsystem. Involving the obstacles about theory and practice are in defendant defense inour country. All this details provide the realistic basis for the construction of pretrial ofdefense system.The fourth part mainly analyzes the pretrial defense system of the necessity and the concrete construction of the system of pretrial defense. The material ideas are asfollows: constructs the general ideas of the system of losing effect of defense,constructs the specific procedure of the system of losing effect of defense; put forwardthe suggestion of the structural elements, the content of defense and legal time limitand discusses the exceptional status.The fifth part is mainly introduces my own point of view to improve the relevantsupporting systems in order to perfect the pretrial defense system.