On The Deficits Of Trial By Default System In China

Trial by default system is an extremely important system in the civil procedure,which was too simple regarding to the stipulations of the trial by default in China and induced many problems in judicial practice. The article analyzed the theoretical foundation of trial by default through tracing its historical evolution. By the comparison and the evaluation of the British and American legal system,the mainland legal system and that of Taiwan area,the mode of trial by default system was namely sided to one part debate judgment mode and trial by default judgment mode. The article made close study on the deficits of trial by default in china in the view of the chaotic mode, the procedure slackness, and genre missing. Combined with the mentioned theoretical foundation and borrowed oversea systems, the article refined the trial by default system of our country in the angles of mode choice, procedure, type hood, which suggests the mode of a side debated decision dominating pattern supported by the trial by default. Meanwhile, the simple procedure, the second trials procedures as well as the common lawsuit go by default situation was explored as well.