The History And Enlightenment Of Civil Default Judgement

Trial by default system is a fundamental institution in civil action system. Although there are some related items from China's Civil Procedure in 1982 put in force and the items of 129 and 130 and 131 in China's Civil Procedure have set up our country's default judgment system, we can find it so easy and rough. Because of these, judicial branch don't apply to default judgment system in the event of default, but to issue a summons again and again, or delay to hold a court. There is no reason to doubt that it can impose restrictions on the function of default judgment system.At present, there are many articles about default judgment system, but there are less essays to research the common jurisprudence at the comparative law angle and offer stimulating suggestions to China's reform on civil action system. This article plan to find the common jurisprudence by analyzing ancient Roman period and the Anglo-American Legal System and civil law system's countries default judgment system after the bourgeois revolution. At the end, we can find that there are some common jurisprudence, in spite of the different provisions .For example, emphasize elevating ligation efficiency and ligation fair and equal protection of right, and so on. Although the national conditions are different, it can form some general generation along with the develop of human history. Therefore, the common jurisprudence should as the direction of the reform of China's civil default judgment system.The article is divided into four parts.Part one: the research case of default judgment system and introduce the history of comparative procedural law. This part mainly narrate the study situation of the civil default judgment system and their deficiency. It states the significance of the method from the comparative angle ,and account for the reason of samples of stuff.Part two: the history of default judgment system of ancient Roman and its enlightenment. There are three action periods in ancient Roman. Though there are many shortage of its default judgment system, it gradually projects ligation fair and equal protection of right.Part three: inspect the history of default judgment system of two legal system's countries and their enlightenment. This part mainly introduces the reform of default judgment system after bourgeois revolution. We can find that there are some common jurisprudence ,namely elevating ligation efficiency and ligation fair and equal protection of right.Part four: the reform tendency of China's default judgment system. Based on part two and part three, this article analyzes the shortage of China's default judgment system and respectively discusses at the condition of plaintiff default and defendant default and the third party default aiming at ligation efficiency and ligation fair and equal protection of right. This essay asserts that when plaintiff withdraws a lawsuit, he must secure defendant's agreement. To achieve the ligation fair as much as possible, we should set up limited opposition system.