The Analysis On The Built Of Loss Of The Right To Reply System In The Civil Procedure

As one part of the pre-trial civil proceedings, the loss-of-right to defense system is not clearly defined in our legislation, which leads to the defendant answer randomly. Therefore, the objective of civil litigation reform can not be achieved, such as exploring the issues, collecting evidence. If defendants refuse to answer the pleading in the pre-trial proceedings, it will make the civil litigation become inefficient. While the Chinese Civil Procedure Law will be revised again this year, many theorists and practitioners initiated we should build the defense system to advocate the civil procedure reform.The lost-of-right to defense system is common in civil law and common law system, which have respective different arrangement, but their mechanism and targets identical. Above-mentioned model undoubtedly provides reference cases for the establishment of our loss-of-right to defense system. It has make consensus on the characteristic, function of loss-of-right to defense. However, a great quality differences are put up if it should be employed in china.Therefore, the theoretical contention is conducive to the research on loss-of-right to defense. The author analyzed the tough question on the basis of the legal principle and introduction of the loss-of-right to defense. this desire to pre-trial proceedings in the interpretation of the legal basis of the premise and basis of the system of foreign transplant perspective of the new upper right of the respondent’s loss of difficult problems, and attempt to solve the following three issues:firstly, what the loss-of-right defense system is; secondly, legitimacy of the loss-of-right; Thirdly, how China should establish the loss-of-right to defense system.