A Study On The System Of Compulsory Defense In Civil Action

According to the civil law,the fact that the defendant has the right of action in our country does not affect the judgment of the case when exercising the right of reply.In this case,The defendant did not file a reply has become a common phenomenon in the process of litigation.However,with the increasing awareness of fairness and efficiency and the deepening of the rule of law process,”freedom to file a reply” not only seriously violates the plaintiff's right to information and equality,but also inefficiently conducts the trial of a dispute case before the judge as soon as possible in practice,more because the phenomenon of "evidence raid" occurs frequently in practice,which leads to repeated trial sessions,and is not conducive to making a truly fair judgment,.In fact,this is a serious waste of judicial resources.The topic of this paper is mainly based on the perspective of improving the utilization rate of limited judicial resources.Under the dual reform of litigation registration system and judge staffing system,courts at all levels are faced with the situation of more cases but be short of hands in different degrees.And this article will explore how to make the best use of the limited judicial resources.Based on the above reasons,this paper will take the shortage of judicial resources as the background,introduce the necessity of the application of the mandatory defense system,analyze the basic content of the mandatory defense system and the nature of the right of reply,and provide a theoretical basis for the introduction of the mandatory defense system from the perspective of China legal status.In terms of specific content,the main body of this paper is mainly divided into five parts.In addition to the introduction of the first part,the second chapter mainly discusses the basic connotation of the compulsory defense system and the significance of the system itself,and clarifies the theme of this paper.After discussing the value of the compulsory defense system,the third chapter will discuss the necessity of establishing the mandatory defense system from the two perspectives of social reality and civil litigation jurisprudence.The fourth chapter analyzes the corresponding supporting system of the mandatory defense system in China,and discusses the conditions of the establishment of the mandatory defense system in China from the feasibility perspective.After the first few chapters fully explain the mandatory defense system,the fifth chapter will combine the theory and practice to explore the application status of the mandatory defense system in other countries and the significance for our country.After comparing and summarizing theexperience of other countries,the sixth chapter turns its eyes back to China and carries out the corresponding assumption of constructing the mandatory defense system.