Research On The Regulation Of Forcing Defendant To Submit A Pleading During Civil Procedure

China has always implemented "pleadings of arbitrary submission",it means,after receiving the indictment,whether or not to submit and when to submit the pleadings,will not have an impact on the judge's trial,nor will it affect the follow-up procedure.However,The process of the rule of law is deepening,and the abuses of arbitrary defense are numerous,such as the dispute is difficult to arrange,the evidence is difficult to exchange,the party can not resolving disputes via parties 'consensus and the quality of the trial is low.Based on this,this paper,under the support of theory of "procedural justice","litigation efficiency" and "honesty and credit",combined with relevant theoretical knowledge of litigation and practical trial experience,proposed that the defendant should be forced to submit the pleadings.That is,the defendant should submit a reply to the plaintiff in accordance with the requirements prescribed by law or within the time limit specified by the court.The author believes that this rule has the following characteristics: first,the defendant should be constrained by the exercise of the right to submit the pleadings,which is mainly reflected in the exercise of the rights of the defendant in accordance with legal requirements in accordance with legal requirements;and second,the "mandatory" of the defendant's submission to the pleadings is reflected in the "loss of power".A coercive measure is used to compel the defendant to submit a pleadings,but not to submit a pleadings through the defendant's overdue date.The legal effect of the loss of power should be produced in principle to remind and urge the defendant to submit the pleadings.The core of forcing the defendant to submit the pleading rule is that the defendant will not have any adverse legal consequences if he fails to reply the request.Through a comprehensive analysis of the theory of the defendant's submission of the rules of reply,the author reveals the value of the defendant's submission to the pleadings,and puts forward some suggestions for the establishment of this rule.