Analysis On The Built Of Defense Invalidity System In The Civil Procedure

The pleading procedure is the basis for civil pretrial proceedings. As judicial reform has payed more and more attention to civil pretrial procedure,establishing the pleading procedure has become a problem of justice. However, China’s Civil Pleadings dosen’t given it enough attention which it deserves. In our country, if the defendant don’t submit a defence or submit a false defence during the reply period, he won’t be punished by law. It had a negative impact on litigation efficiency.Through comparative analysis,this paper proposes that we should establish civil defense invalidity system and makes some legislate designs for establishing our own civil defense invalidity system.This paper is divided into three parts, including the introduction, the body and the conclusion.The body part is divided into four chapters.The first part is the overview of civil defense invalidity system, it gives a basic expound about civil defense invalidity system,including the definition of defence and civil defense invalidity system,the applicable cases of civil defense invalidity system and the value of civil defense invalidity system.The second part analyses the necessity and the feasibility of establishing our own civil defense invalidity system.First of all, through the analysis of the domestic scholars’views on whether introduce the civil defense invalidity system,the text proposes that it is necessary to introduce this system.Then the text demonstrates the necessity of building civil defence invalidity system in our country for guaranteeing pre-trial procedure justice, improving the efficiency of lawsuit in our country, establishing evidence loss power. And it discusses the feasibility of building civil defence invalidity system from the mode of civil action and civil lawsuit limitation system.The third part is the analysis of civil defense invalidity system in comparative method. This chapter introduces the civil defense invalidity system in Anglo-American law system and civil law system.By analyzing the similarity and the personality of the two law systems,this chapter also summarizes some reference for establishing our own civil defense invalidity system.The last part is the recommendation for establishing our own civil defense invalidity system.Firstly,this chapter analyzes the current situation of legislation in our civil procedure law,and chooses the model for establishing our own civil defense invalidity system.Then the author proposes six legislative suggestions on the subject of this constrain, key component,period,form and content.In the conclusion part,this article proposes that related systems should be completed.Because the establishment of our own civil defense invalidity system depends on a great change of legislation.