The Development And Change Of The British Pleading& The Transition From Remedies Proceed Rights

Pleading,is considered to be one of the three major procedural mechanisms to understand the foundation of the common law.As an important part of the procedure,it is also the only part that the litigants can master,and it has played an important role in the change of remedies proceed rights.From the perspective of the development and change of pleading,this paper discusses the change of remedies proceed rightsin British judicial practice.First,general pleading,under the judgment of the omniscient "witness",the defendant responds to the plaintiff's accusation according to a fixed program-vows to deny all the claims and facts of the plaintiff.If the defendant does not respond,the defendant should bear the legal consequences of his own recognition,so if he want to win that he must make a denial of the oath.The concept of remedies proceed rights begins to germinate in the judicial process.After the introduction of the jury,the omniscient witness became a jury composed of 12 mortals.With the conversion of the jury's function –become the verdict of the fact of the case,the jury made up of the mortal who can't understandall the facts,which makes them committed to understanding all the facts related to the case,to make a fair judgment,at this time,the special facts that can't be put forward by the parties in model of general pleadingare able to be made,Itis proposed that the special pleading of "recognition and avoidance" can be generated.The emergence of special pleading has brought a turning point for the development of the common law.With the application of special pleading,the substantive law rules of the common law gradually accumulate,and more and more relevant procedures are used,which makes the special pleading go to a rigid road,and with the development of the common law the concept of remedies proceed rights strengthen and regularized.In order to catching the development of society,the common law itself constantly adjusts the pleading mode,and pursues the unity of substantive justice and procedural justice.In sixteenth Century,Equity allowed written pleading,which made the procedure of equity pleading very popular with the masses,coupled with the widespread dissemination of the law of the church in Europe,and the procedure of the common law began to be written and gradually standardized with the development of the common law.The emergence of the court of chancery and written pleading began to shake the idea that the people in the UK thought that remedies proceed rights.After several centuries of development,pleading to the inherent defects of the common law has to go on the road of formatting.Simple repair has been lost to pleading.The public is more and more serious about pleading.Until the nineteenth Century,after a thorough reform of pleading,the balance of procedural form tended to protect the right side.By the end of the twentieth Century,after more than 100 years of development,the proceedings have made many adjustments for the realization of the substantive rights and justice.Pleading is obviously simplified,and remedies proceed rights is gradually rights proceed remedies.