Research On The Compulsory Defense System In Civil Litigation

The compulsory defense system in civil litigation means that the defendant (appellee) is obliged to bring out the plea opinions in response to the litigation of the plaintiff (appellant) according to the relevant law in due time. If the defendant (appellee) does not implement the plea actions, he will lose the right of defense in the following litigious activities. The compulsory defense system in civil litigation can effectively improve the situations, such as the sudden attack of litigation and the delayed litigation. To establish this system in China is the requirement of the procedural justice theory and the litigious efficiency theory. Owing to its deficiency, the research on the compulsory defense system in civil litigation has become the task for both the theoretical circle and the practice to face with. This thesis starts with the introduction to the compulsory defense system in civil litigation, establishes the system by means of the procedural justice theory and the litigious efficiency theory in China, makes the comparative research on the compulsory defense system in civil litigation home and abroad, analyzes the deficiencies and shortcomings of the current system in our country, and puts forwards the suggestions on establishing the compulsory defense system in civil litigation in China based on the basis of the contents mentioned above.