答辩失权制度若干问题研究-法律专业论文.docx

青海民族大学硕士学位论文答辩失权制度 青海民族大学硕士学位论文 答辩失权制度若干问题研究 万方数据 万方数据 Research on Issues of Defense Invalidation ABSTRACT Along With the reform of our civil procedure groving into a broader field, to establish a perfect pretrial procedure has been the most important things at present. As an important part of the pretrial procedure , the value that the defendant submits his written to the court before trial is increasing everyday . Although Chinas current Code of Civil Procedure in section 132 provides that the peoples court shall, within five days from the date of filing the copy of the bill of complaint sent to the defendant, the defendant received the complaint within fifteen days from the date of a defense, but added later, the defendant did not submit a defense, does not affect the peoples court hearing, the provisions of this act no doubt to the defendant can take advantage of any defense of the machine. As the Supreme Peoples Court rules of evidence, the introduction, in section 32 provides: The defendant shall file an answer before the deadline to reply like, Here for the first time using the word should can be said that a major judicial reform progress, but still no clear answer by the defendant does not have to bear the legal consequences, leaving this provision become an empty Because of the current legislative provision for the Defense of the Accused lack of rigid constraints, the defendant presented a great deal of any defense, and is the function of pre-trial preparation procedure can not be fully reflected, but it also brings confusion rules of evidence, the court inefficient, and many other defects . In this context, shared by two legal defense for the loss of the right system has been gradually incorporated into peoples vision. However, the system loss of the right of reply of the feasibility of introducing some differences on the issue, of course, the generation of new things, disagreement is inevitable, but we can not therefore III over-cautious, afrai