On the Establishment of a Compulsory Defense System in China
Article 128 of the Civil Procedure Law states that"if the defendant fails to present a defense,it shall not affect the trial of the people's court".This indicates that China does not have a compulsory de-fense system.However,most countries outside of China have established explicit rules for late defense and stringent consequences for the loss of defense rights,with the aim of standardizing and restricting the defendant's participation in the proceedings.Based on the principle of equal litigation rights for parties and the need for litigation efficiency,China should also clarify the content and form of the defense,refine the deadline for submitting the defense,specify the consequences of not submitting the defense on time,and improve the supporting system of compulsory defense to standardize the defendant's litigation behavior and enhance the quality and efficiency of civil litigation.
compulsory defensejustice in litigationlitigation efficiencyloss of right to defense
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维普
