The Theory Of The Pleading Process

Since 1960,in order to ensure that the rights and interests of the parties are protected by the law to the utmost,countries have set off a wave of “Access to Justice Movement”.The pleading procedure,which has been called as "the key to the initiation of a civil procedure",has received a great deal of attention in the subsequent civil litigation reforms.The pleading procedure is a litigation procedure in which the parties submit a bill of indictment and a defense statement to the court at the beginning of the litigation to express their opinions,so as to gain the support of the referee,and to defend each other against the litigation by means of document.As the beginning of the entire litigation procedure,the pleading procedure directly determines the threshold for the parties to approach justice,so its importance is self-evident.At present,the legal system has gradually established relatively complete pleading procedures in developed countries,Britain and the United States have gone through hundreds of years,from common law pleadings to modern pleadings.Based on the process and the successful experience of Anglo-American law system and Continental law system,in the background of the implementation of quality reform and case registration system in China's civil trials,this thesis analyzes the status quo of the legislative and judicial of China's pleading procedure.It was learned that due to the judicial system,legal concepts,and procedures,etc.,China has not established a true pleading procedure.There are a series of problems in the legislative system,such as the incomplete system of lawsuits and defenses,malicious lawsuits in the judicial system,and surprise attacks on evidence.This hinders the process of China's civil litigation system reform.Therefore,the question worth investigating in the current judicial reform in China is how to structure our country's pleadings in order to give full play to its ability to comprehensively demonstrate the parties' claims,preliminary fixing points,prevent evidence raids,and promote the settlement of lawsuits,so as to help improve the reform of the quality system of civil trials faster and better.There are five chapters in this thesis: The first chapter is an introduction.It combs the topic selection,research and writing of the full text from the research background and significance,research status,research ideas and methods,and innovation points of the paper;The second chapter analyzes the concept,value(justice and efficiency)and main functions of the pleading procedure from the perspective of jurisprudence.From the two standpoints of fairness and efficiency,it discusses the basic value of the answering process,and then discusses the function of the petition process,and demonstrates the irreplaceability of the pleading procedure in the entire civil procedure;The third chapter analyzes and compares the civil procedural procedures of Britain,the United States,Germany,and Japan,draws the similarities and differences,and explores the references for the reform of the system of prosecution and defense in China.The fourth chapter analyzes the legislation and judicial operation status of China's complaint procedure from the aspects of rulemaking and judicial practice.It points out that the problems of current litigation elements in China's legislation,such as confusing with the elements of litigation,the consequences of not providing the defendant with no defense,imperfect supporting system and so on.Other issues such as the plaintiff's unclear prosecution,the defendant's evidence raid,and the arbitrariness of amendments to the pleadings in the judicial practice,and analyzes the cause of the problem.Finally,on the basis of the above research,based on the basic principles of civil lawsuits and against the current problems of China's civil prosecution and defense system,and drawing on the advanced experience of foreign countries,the design concept of the “two-step” pleading procedure was proposed and how to formulate and propose legislative proposals on the establishment of corresponding supporting systems.This thesis aims to improve the current civil litigation system in China through the study of the pleading procedure,and to establish a legal procedure that is independent and interdependent from the pretrial procedure and the trial,so as to maximize the efficiency of the judicial resources allocation and make the trial more accurate and efficient,thus continuously approaching the best balance between the fairness and efficiency of civil lawsuits and advancing the process of civil modernization in China.