Types And Solutions:Research On The Protection Of Civil Defendant

Under the circumstances of the Judicial Reform, The Supreme People’s Court enacted The Judicial Interpretation of the Civil Procedure Law,which reflected the protection and relief of Civil litigants’ Litigation rights.For example, in order to guarantee the litigation rights of plaintiffs more fully, and to solve the difficulty of Initiating legal case more effectively,we change the case-filing review system to case-filing register system,which lead to a focus on the protection of rights of appeal again.But the scholars put more attention to the right of prosecution of the plaintiffs, or on the balance between the parties of litigation and the court jurisdiction over the issue.Nowadays, the protection of the litigation rights of the defendant is not perfect,so it is important and urgent to protect civil defendant’s lawsuit rights.Based on the Equity Principle of Litigant,the Principle of Procedural Fairness,and right relief of Judicial Function,the article demonstrates the legitimacy of equal protection for Civil defendantsAccording to the requirement of the principle of "indiscrimination" and "share",the second part makes the analysis of the unequal status of the defendant in a lawsuit,including unequal legal status unequal opportunity of litigation and unequal burden of litigation risk.On the basis of the types from the analysis,the third part points out the two aspects of legislation and judicial causes of civil defendant lawsuit rights damaged.Only understanding the causes,can we put forward specific suggestions to improve the status effectively. The final part puts up some advice to protect the procedural rights of the defendant, perfecting the court procedures, perfecting the defendant a plea, perfecting dropped program of the plaintiff... which strengthen the civil legislation.In addition,the article advise to offer the rights to the defendant to ask for compensation appeal if the plaintiff abuse his litigation rights.