Research Of Civil Defense Invalidity In Civil Procedure

Pretrial procedure and trial procedure is an important part of the civil procedure, the pretrial preparation is an important prerequisite for the centralized trial, throughout the development process of Civil Litigation Reform in our country, the reform of civil procedure is to start with from these two procedures, including the simple procedures,the burden of proof,litigation mediation,but the overall analysis see, the trial procedure reform in the majority, the pretrial procedure is easy to be ignored, which cannot meet the requirements of procedural justice, therefore, now the direction of reform of civil litigation has also undergone a conversion. In civil litigation, the fixed point of contention, collect evidence is one of the two major functions of the pretrial procedure,specific the design of the system is to Is the defense system and evidence system,which I state the proof limitation system and evidence of loss of the right system, which provides support for the collection of evidence in a timely manner. But because of the provisions of the defendant is arbitrary, the respondent is not affected by time,application of constraints, the program design is likely to lead to the litigation surprise use of a loophole to "surprise" effect, the damage of procedural justice and stability, is likely to lead to repeated trial and retreat, which makes the low efficiency. The design is to ensure the defense system fully exercise the right of debate through the exchange of information with the plaintiff, to attack the situation, in order to promote the smooth progress of the program, It also has great significance to judge the fixed point of contention,but if this program can not play the function, and has been on procedure justice and efficiency threat, it is necessary to carry on the reform. Through the defense act of establishing the defense invalidity system specification of the defendant, to fill the legal loopholes, improve the pretrial procedure, the function into full play, to achieve efficient centralized trial.All the countries have generally established the defense invalidity system, just as the origin of the law and litigation mode, there are some differences in the specific design rules, the comprehensive analysis of foreign legislation and national conditions on the basis of the author on the basis of previous research, and drawing on advanced foreign legislative experience, defense concept, loss the right system of civil litigation legislation, theoretical basis of analysis and discussion are clear, analysis in the construction of China's defense the possibility of losing right system, and put forward the civil defense invalidity system "localization" system design. The defense of the defendant's conduct should be standardized and more effective for The right of defense,so as to promote the arrangement of issues, promote the pretrial procedure function,highlighting its instrumental value and intrinsic value of the formation of independent,detailed, specific, perfect pretrial procedure, is also the inevitable choice to achieve efficient trial.