The Improvement Of The Defense System Under The Background Of Filing Registration System

Since May 1, 2015, China formally implemented filing registration system across the country, by lowering the threshold of prosecution, all cases can be filed, all litigation can be processed, protect the Party’s right of appeal. As a new system, through the implementation of a year, in terms of the protection of the right to appeal is indeed being achieved its intended target, the problem of "prosecution difficult" has been alleviated. However, filing registration system brings convenience to the people in the prosecution, the corresponding convergence mechanism, such as the defense system, there are still a series of problems. If these problems do not get better treatment, it could undermine the value of filing registration system.This article adopts theoretical analysis, comparative research method, mainly analyzes the relevance of filing registration system and defense system. After the reform of the case acceptance system in our country, filing becomes easier, which will have a certain impact on the defendant’s defense. Therefore, this article from the perspective of the proceedings, litigation filed registration information review and methods of attack and defense, analyzes the relevance of filing registration system and defense system, in order to explain the close relationship between the two. Registration filing and defense are in different stages, but both are closely related. Filing and defense is the dynamic development of the litigation process, filing is the premise of the defense, the defense is the defendant’s response. Under the filing 2registration system, the court review of litigation information tends to relax, but requires the defendant to respond in a timely manner, to show their attack defense methods, in order to enable the Court to do the pretrial, enhance the efficiency of the trial. Meanwhile, through the comparative analysis of the intrinsic relationship with the foreign filing and defense, and comparing the correlation model with our country, enhance the understanding of these two systems, further highlights the link between the two.At present, there are some problems in the legislation and practice of our country’s defense system,for example, the nature of the defense, the specific content of the pleadings are not clear, and does not specify the consequences of not reply in the legislation; in the practice, the defendant does not reply, which affects the efficiency of the party’s evidence and the efficiency of court trial. And these issues will be more prominent after the implementation of filing registration system, focusing on the impact of the correctness of the case and the implementation of the burden of proof system, it is likely to exacerbate the delay in litigation. Defense system exists these problems, mainly because of the influence of the the authority principle litigation mode, the parties to participate, procedural concept are not strong enough, coupled with the people on the nature of the respondent’s cognitive errors, and legislation is not perfect, making the running effect of the defense system is not satisfactory. Through these analyzes, the ultimate goal is to make recommendations to improve our country’s defense system. This article starting from the defense system itself, mainly by improving the content of defense system to make our defense system becomes more fulfilling, and under the complete content, if the defendant still does not follow the rules, not timely submission of pleadings, he/she should bear the consequences of loss of rights. Therefore, this article also suggests the establishment of Defense Invalidity in our country.The main body of this paper consists of the following three parts:The first part is the analysis of the relationship between the filing system and the defense system. First of all, this article analyzes the content of these two systems, the impact on civil action after the implementation of the filing registration system, and the function of the defense system, in order to have a comprehensive understanding of both. Secondly, this part focuses on the analysis of the relationship between China’s filing registration system and the defense system, mainly from the angle of proceedings, the court proceedings of the review as well as the parties’ attacking and defending methods to analyze these two systems’ relationship. Third, the main developed countries abroad have long been implemented filing registration system, and the design of the defense system also notice to match the case filing, Therefore, this part also analyze the foreign filing and Defense, and compared their associate patterns with our country, further reveals the close relationship between the two, and to draw useful experiences to enhance the design of our defense system.The second part analyzes the problems and the reasons of the defense system. First, from the perspective of legislative analyzes the defect of the defense system, mainly as follows: the nature of the respondent is not clear, does not provide the substantive content of the respondent, lack of legal consequences to the phenomenon which the defendant does not reply. Secondly, from the practical point of view summarizes the problems of the defense system. The main problems include: the defendant does not reply, difficult burden of proof to the parties and so the trial is not efficient. Again, I believe that after the implementation of the filing registration system, these defects will be further highlighted, influence the effect of filing registration system, focusing on reducing the correctness of the case and the impact of the implementation of the burden of proof system, and easily exacerbate litigation delay. Any system were designed can’t be perfect, there must be some reasons behind defects, so in this part also analyzes the cause of the problems existed in the defense system, in order to explore the path of perfect defense system can be targeted.The third part puts forward the measures to perfect the defense system, mainly from two aspects. First, the content of the defense system to be clearly defined, to be regulated in terms of the content of the pleadings, reply deadline, manner and consequences of non-submission of pleadings. The second is the establishment of defense invalidity, based on the necessity and feasibility of the establishment of the loss of the right of reply on the analysis, it is proposed that the system of the defense invalidity should be established at the factual level. At the same time, in order to make the defense invalidity system to be able to operate effectively, it is necessary to establish corresponding supporting mechanisms, such as regulating the interpretation power of the judge, establishing the amendment and supplementary rules of the litigation documents.