On The Civil Lawsuit Defence Invalidity

The civil defense invalidity system has been established in no matter Japan and Gremany which arerepresentative Common Law System countries or Britain and The U.S. which are representative Civil LawSystem countries. It is helpful to protect the litigants in the process of judicial practice, to avoid litigationdelay, improve the efficiency of the litigation. However, it hasn’t been established in the field of civillitigation in our country. The civil litigation defense system in our country is put forward at any time,whether the defendant defense or not will never affect the court cases. However, this form will inevitablylead to behaviors like maliciously no reply to extend suit time, delay the process which will resulting in thatcase can’t solved smoothly according to normal process and injure the lawsuit benefit of parties. Then, thedisputes which can not being solved quickly will deepen the contradiction, even demage the judicialauthority seriously. In order to avoid the happening of this situation, it’s necessary to reflect on ourcountry’s civil litigation defense system and the civil defense invalidity system should be established assoon as possible.This article mainly discusses the corresponding theory of the civil litigation defense invalidity systemand put forward how to establish the civil litigation defense invalidity system in our country. The text isdivided into four chapters. Discusses the theory of Defense Invalidity civil litigation system in this paper,and propose how to build our country lose the right to civil defense system, the text is divided into fourparts. Loss of the right of reply to establish a system of two legal systems from major countries wereanalyzed in order to establish the defense of loss of rights system as a guide. However, the legislation doesnot establish the defense of civil rights system failure, and in the course of judicial practice to discuss thelack of adverse consequences of this system brings to these two areas, based on the respondent to reflectthe current civil litigation system in China, in this discuss specific ground up how to build a civil action inthe defense of rights system failure, loss of the right to build a defense system provides the soilenvironmental feasibility, then the loss of the right of reply in order to grow in our system of civilprocedure law, will adapt to our current justice the status quo. Author of the establishment of the systemloss of the right of reply made four legislative proposals, and discusses the NA Defense Invalidity situation.In the concluding section of this article appeal to the Civil Procedure Law should focus on Defense Invalidity of the Civil Procedure Law be amended to establish this system as soon as possible.