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System of Civil Pleadings

Author: ChangShuYan
Tutor: QiuXingMei
School: China University of Political Science
Course: Legal
Keywords: Pleadings The other party Civil Procedure Pleadings submitted Complaint Original defendant Claims Plaintiff Loss of the right of reply Parties
CLC: D925.1
Type: Master's thesis
Year: 2006
Downloads: 283
Quote: 3
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Abstract


The preface of the article briefly illustrates that the civil pleading and defense procedure is the important component of the pretrial preparation procedure. The reform of China’s civil judicial way excessively laid particular stress to the provision of evidence exchange system and neglected the construction of the pleading and defense procedure, which made the defects of system of pleading at any time gradually obvious. So it is extremely necessary to establish the perfect system of pleading and defense procedure.The article mainly consists of four parts:Chapter one aims at introducing the fundamental problems about the pleading and defense procedure, including the conception and the history development of the pleading and defense procedure, the relations of the pleading and defense procedure, pretrial preparation procedure and trial procedure, etc. The pleading and defense system first originated from the writ in the period of Common Law. There is a very long history development period from establishing Common Law pleading and defense procedure and Equity Law pleading and defense procedure to establishing modern pleading and defense procedure.Chapter two mainly makes a value analysis of the pleading and defense procedure. The modern pleading and defense procedure has become the important method of protecting the common people’s personal rights. Specifically, the pleading and defense procedure is the important approach of realizing the basic value of the Civil Procedure Law, the embodiment of the principle of parties procedure rights equality, the requirement of the principle of honest and credibility, the protection of the uniform of fair and efficiency.Chapter three describes the content, functions, power mechanism of the system of the pleading and defense procedure. The development of modern pleading and defense procedure in American mainly experienced two forms, Code pleading(fact pleading) and Federal pleading(informing pleading). Different pleading and defense procedures are different objectives, accordingly the requests to the content and forms of pleading writ are different. This chapter on one hand describes in detail the content of American current federal pleading and defense system, on the other hand briefly analyses the pleading and defense procedure,

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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