Disquisition On Civil Trial By Default Institution

In civil litigation, trial by default institution should be prescribed as a legal institution with which the court hear and adjudge a case when one party defaults. Trial by default institution was poorly concerned by Chinese civil procedure law science theory circle in the past, and it has caught the scholars'regards recently. There is not decent trial by default institution in Chinese Civil Procedure Law, and the defections of the several rules on trial by default lead to poor operation in practice and some negative influence on the civil litigation practice. The trial by default institution materializes the style and the value choice of a country's litigation in some degree. In concert with economy development and society progress, our civil judicial reform has been carried on for many years. Although the reform goes on slowly facing much difficulty, the super bureaucratic legalism adopting elements of party autonomy is the direction. During this course, trial by default institution as a necessary part of civil litigation must be adjusted and perfection too, otherwise it will be an insignificant institution damaging our civil judicial reform. Accordingly, it's very important to study the trial by default institution both in theory and in practiceThis article divides into six partsIntroduction: this part states the necessity of trial by default institution and the actuality of this institution in China briefly, including the skeleton of this article. Chapter one: Summarization of trial by default institution. This chapter account for the meanings, function and developing history of trial by default institution. The definition of trial by default covers various extensions in legislations of different countries. The trial by default institution in this article covers a wide confine concerning both defaulters and condition of default. Trial by default institution has very important function in civil litigation, so it is an obbligato institution requiring perfection. We can conclude the development rules of trial by default institution from its evolution providing history experience for the perfection of our trial by default institution.Chapter two: Analysis on the theory base of trial by default institution. This chapter analyzes the connection between some modern civil litigation principles and trial by default institution. Civil litigation principles are the base of civil litigation institution, and our trial by default institution must acclimatize itself to modern civil litigation principles for purpose of perfection. In this chapter, there are also comments on the two basic modes of trial by default and a conclusion upon the comments that picturing a trial by default institution should concurrently adopt advantages of the two modes.Chapter three: trial by default institution exploration of the Contrastive Method. This chapter provides foreign experience for our perfection work by the review and comment on the trial by default institution of several countries at first, and then analyzes the characteristic,defections and negative effect of China trial by default institution clearing the problems to solveChapter four: the perfection of China trial by default institution. This chapter ascertains polestar for the perfection of our trial by default institution in the first place, and then pictures the details of the perfection Conclusion: Sum up the total achievement and main standpoint of this article...