Comprehensive Prosecuting And Replying Principal In Field Code

According to the principle of comprehensive prosecuting and replying,in the statement of claim the plaintiff must file all proceedings and relieves that rooted in the same transaction or affair when even they are contradictory or hypothesis to each other.If not,the plaintiff will be barred to take proceedings against this matter forever.As to the defendant,reply loss of right if it has not be made according to plaintiff’s each proceedings and relieves.What’s more,statements must be arranged with brief and unrepeated words making it easy to understand for ordinary people.Pleading procedure has been clearly defined by Civil Procedure Law in most countries throughout the world,especially in America who has made a great progress in setting modern pleading procedure from the establishment of proceeding of common law to the promulgate of Field Code in 1840.The controversial dual proceeding in courts of common law and courts of chancery has been abandoned after several times of revision and campaigns of codifying of civil actions.Comprehensive prosecute and reply were being implemented in the civil justice system in America which can be applied both to cases of common law and law of chancery,dismissed the writ and single issue plea procedure,extended the limitation of joinder of other parties.In this passage,compulsory counterclaim,compulsory plea,limitation of proof display,rules of judgment effect,pleadings revising mechanism are used to describe how comprehensive prosecute and reply works under Field Code and telling its value of resolving disputes in one step.And compare those in China to suggest that the mechanism of comprehensive prosecute and reply should be established and be matched with existing civil procedures.Thus,efficiency of judicial relief can be improved,and more judicial resource can be saved.It will do help China to build a justice system of fair,efficient and authoritative to defend People’s rights.