On Perfecting The Idea Of ​​china's Civil Pleadings

Pleading constitutes a pretrial preparation and plays a fundamental role in civil procedure. At present, regulations for civil pleading in Chinese legislation are too simple to be practicable in the practice of trial, resulting in such problems as lack of defendants' obligations for compulsory defense, imperfect counterclaim system, undetailed amendments and supplements of pleadings, and unreasonable change of time limit for claims, etc. These problems hinder not only the development of pretrial preparation but also the reform on the whole trial system. Therefore, in the process of gradually consummating pretrial preparation, civil pleading should also be regulated in detail. Before establishing the civil pleading system in China, we should draw lessons from other countries, pay close attention to the characteristics and existing problems in the legislation and the practice of judicature in their civil pleading and thus lay a foundation for framing and perfecting civil pleading in China. Based on the detailed introduction to the regulations about civil pleading in America, Germany, France, Japan, etc., the present thesis analyzes the nomology in pleading, deals with the practicability of introducing the system of defense invalidity in China in one of the chapters, and summarizes into three principles what civil pleading should abide by in China. The three principles are as follows—the principle of combining parties' leading role and judges' supervising role, the principle of efficiency, and the principle of sticking to Chinese characteristics while learning from other countries' successful experience. Finally, on the basis of these principles, the author puts forward her temporary design of civil pleading system corresponding to the national conditions of China.