Font Size: a A A

Studies On The System Of Trial By Default

Posted on:2004-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:S Q TangFull Text:PDF
GTID:2156360122470300Subject:Law
Abstract/Summary:PDF Full Text Request
Trial by default is trial given by court in default of one party. To solve the problems of right remedies and safeguarding the procedural rights in civil proceedings in the event of the absence of one party, western countries has developed the mode of system of trial by default represented through two typical modes of doctrine of trial by default and doctrine of ex parte debate. However in our country, with the influence of procedural idea "in pursuit of absolute objective authenticity" and the procedure mode of transgress of authority formed long time, the system of trial by default is not only very rough in legislative techniques, butalso has its serious drawbacks in structure itself. Such circumstances show: it violates procedural justice of proceedings, it is not beneficial to the protection for substantive rights of parties, it violates the principle of equity of parties in civil proceedings, the parties' right of choice for procedures has been improperly limited, procedural efficiency is rather low due to the bad operability of legislative techniques. These drawbacks' existing results that it is hard to fulfill the value targets of " procedural fairness" and " procedural efficiency" in the system of trial by default, which is always easily misused and abused by judges or parties in practice. Therefore, the strengthened studies on system of trial by default in our country have great value in theory and practice. On the basis of reviewing history and comparative study, this paper examines the system of trial by default in our country; at the same time using foreign experiences for reference, combines the specific situations in ourjudicial practice, then raises a tentative idea to reconstruct the system oftrial by default in our country: to build a system of trial by default making the doctrine of ex parte debate as main part and doctrine of trial by default as supplement part; at the same time to perfect the legislative stipulations on standards of default determination, procedural applications and remedies of trial by ex parte debate and trial by default, examinations of evidence in trial by default, in pursuit of forming an intact system structure, giving full play to the functions of system of trial by default and fulfilling the value target of civil proceedings.
Keywords/Search Tags:Civil proceedings, Judicial system, Trial by default, Mode of judgment by ex parte debate
PDF Full Text Request
Related items