Research On The System Of Power Loss Of Parties In Civil Litigation

The loss of power of civil litigation parties runs through the entire process of litigation.The construction and improvement of the power-losing system is an important guarantee for preventing delays in litigation and improving litigation efficiency.It is also an important support for implementing the principle of good faith and realizing the construction of the rule of law.The article begins with the basic concept and composition of the loss of power in civil litigation parties,analyzes the theoretical basis of the system of civil litigation loss,and sorts out the legal provisions of the litigation system of civil litigation parties in extraterritorial litigation,and compares the civil law system with the major countries of the Anglo-American law system.The system of powerlessness in civil lawsuits analyzes the current status of the system of power-losing parties in civil litigation in China.At present,the provisions of our country's legislation are scattered and rough,and we cannot meet the ever-growing practical needs.In terms of how to improve our country's system of losing the rights of the parties,the article proposes corresponding suggestions for perfection from the theoretical level and the institutional level,including the establishment of parties' litigation promotion obligations,the establishment of a complete system of defense failure,and the improvement of evidence loss and jurisdictional right-lose.Specific system regulations and improvements to related supporting systems.