On Our Country’s Improvement Of Civil Pleading Procedure

Pleading procedure is the dispute procedure of determining the action point by submitting interactive indictment and pleadings between the parties in civil litigation, is the start of Proceedings, play a fundamental role in the whole process of the civil action. Complete pleading is for the discovery of evidence, and laid a good foundation and the trial procedure smoothly. Thus, the lack of pleading or do not have complete pleading procedure, will affect the development of pretrial procedure, justice and even affect the whole procedure of civil litigation. China’s pleading, although civil procedure law also provides the issues related to pleading procedure, the provisions of our country is very simple, only in the "Civil Procedure Law"108,109,110,112,113of the pleading of laws and regulations, provisions and rules are rare, principle, is very simple, not perfect. At present, the pre-trial procedure reform in China focuses on the burden of proof and evidence exchange program, while ignoring the reform and perfection of the pleading and defense procedure,, the modification of the Civil Procedure Law of our country has not the substantial reform to the pleading system, pleading Procedure Provisions are too simple, it has adversely influence on the operation in the judicial practice during the pretrial procedure and even later trial, which seriously affect the good operation of our litigation system.Pleading procedure is an important part of civil litigation procedure, prosecution is to start the litigation procedure, so as to make itself under the judicial protection of the people’s court, the prosecution condition of the Civil Procedure Law of our country has made some provisions, but these Provisions are too strict, difficult problems of the prosecution in judicial practice, protect the legitimate rights of the parties have been violated in the more difficult way to enter the proceedings for judicial. The answer is to make the defendant deserved response and defense to the plaintiff, defense has an important significance in the of plaintiff and safeguarding the defendant’s litigation rights. Our civil procedure law ragards defense properties to the defendant as a right of action rather than litigation obligations, which resultes in the judicial practice, the defendant consider in their own interests, they often do not submit the reply, so that the plaintiff in a passive position, which led to the lawsuit delay. The above problems of the prosecution and the defense system, seriously affected the function of civil litigation in china.This paper describes in detail the legislation and practice of China’s current civil pleading procedure, a profound analysis of the main problems of our country civil pleading procedure existence, combining the actual situation of our country on how to perfect our pleading system from improving the prosecution system, the establishment of the defense invalidity system, the development of China’s pleading document modification and supplementary rules, establish pleading the authenticity of documents, establish rules for pleading system, perfect the counterclaim system and other aspects of comprehensive system elaboration. Among them, perfect for the prosecution rules mainly include:expanding the scope of litigation in civil procedure, to expand the scope of subjects, clear complaint form and reducing the prosecution condition, weakening the case-filing jurisdiction court. Nature, for the respondent rules from the reply clear clear reply form and content, modify the provisions relating to the submission of defence of the time and to improve the defense invalidity system etc.. Through the above specific ideas to improve our country’s civil pleading procedure, to provide some constructive suggestions for perfecting the pleading procedure, in order to achieve better development of pretrial preparation procedure, thereby improving the overall efficiency of civil litigation purpose.