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The Research Of The Civil Default Judgment System

Posted on:2010-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:X G WangFull Text:PDF
GTID:2166360275460817Subject:Law
Abstract/Summary:PDF Full Text Request
The default judgment is one of ways to conclude civil cases, the judgment made by the trial judge in the absence of a party. In other countries, code of civil law will generally treat the default judgment in the civil action as an independent process, but as for the code of civil law in our country, there are only several rules about the process of the default judgment, and it is not an independent process. The technical roughness of legislation on the default judgment has led to the existence of larger defects on this process. In judicial practice, the courts in every region handle the default judgment in varying ways. Complicated cases are usually handled in the way of deferred trial. In order to avoid the misjudged cases, judges tend to try their best not to conclude cases in the way of the default judgment, resulting in that it is difficult for the civil default judgment system to play its due role in our country. By comparing the mode of the civil default judgment of other countries, the paper tries to find suitable model for our country. By analyzing the defects of the civil default judgment system in our country, it puts forward concrete conceit and proposals to perfect the default judgment system in our country. The thesis is divided into three parts.The first part is an overview of the default judgment system, presenting the concept and nature of default, analyzing the value orientation of the default judgment system, i.e. fairness and economy, comparing the modes of default judgment in the world's leading countries, identifying the strengths and deficiencies of these models, and building a theoretical framework of the default judgment system.The second part is an analysis of the default judgment system in our country, examining its history, describing its status quo of legislation and judicature, and pointing out its defects.The third part brings forward the ideas and suggestions to improve the default judgment system of our country. Firstly, set right concept on the default judgment system, including encouraging the parties to appear, achieving substantive fairness and procedural fairness as far as possible, and guaranteeing the parties to take equal lawsuit to the greatest extent, etc. secondly, establish the principles of the default judgment system, including the principle of disposition, the principle of neutrality, and the principle of honesty and credibility. Thirdly, choose the mode of the default judgment with discretion. The last point is about the concrete ideas to perfect the default judgment system of our country, including establishing the suitable conditions for the default judgment, selecting the procedure of first instance for the default judgment, formulating rules of evidence in the default judgment, giving clear criteria of proofs for the default judgment, and setting up the relief mechanism of the default judgment, etc.
Keywords/Search Tags:the default judgment, the one-party adversary system, the mode of the default judgment, relief system
PDF Full Text Request
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