The Theory Of Civil Procedure Of The Defendant’s Plea System Perfect

The respondent parties has the right of action, has the independent value ofprocedure.However, the respondent has not been valued in our current litigation, legislation on the exercise ofthe right of the lack of rigidity constraints,is not conducive to the active exercise of the right ofreply. Modern civil litigation more and more emphasized the benefit of litigation justice, therefore,in order to realize the centralized trial, the parties concerned shall actively and rapidly put forwardmethods of attack and defense, which gives more realistic demand for the trial defense system ofthe traditional civil litigation in china. The author in this paper firstly the connotation of pleadingsare defined. I think the so-called pleadings, the defendant appellee is and the facts and reasons forthe prosecution or the appeal and the reasons to answer and explanation document.It iscorresponding with the complaint and appeal documents. Three aspects of application and legalprocedures that, legal pleadings should focus on the defense of fact. The author supports the newright on the properties of the submission of defence in the view of that, the submission of defenceis still a the right of the accused, but need to exercise restraint on the right. At the same time, thefunction of the pleadings are analyzed, put forward the pleading with clear point of dispute, toprevent the lawsuit surprise attack, evidence discovery program preparation, a judge’s basic fourfunctions. What is the answer, what is the use of pleadings. Next, the author from the loss of rightof reply, reply two aspects of the definition of the legal basis of loss of rights system, the basictheory of civil defense invalidity reviews. Then the United States, France, the UK,Taiwan andother countries and regions, the current law about the provisions of civil defense invalidity of therespondent, in these countries and regions of loss of rights system. And from the running state ofChina’s current defense invalidity system two aspects of legislation, judicature are introduced,analyzed that, in our country it is not perfect defense system is the consideration of legislation isnot perfect, the cultural influence of traditional litigation and litigation strategy results, and putforward some reflection. Finally, the author puts forward the feasibility to build defense losingright system of civil litigation in china. And during the period from the applicable scope, mainbody, the respondent shall reply, specific elements of content, and the consequences of nondefense,applicable, the loss of right of reply exceptions default judgment relief way put forward theconcrete construction of civil defense invalidity system. Finally, the author put forward the implementation of security defense invalidity system to establish the principle of good faith and thefour safeguard measures in our civil procedure law.