Research On Perfecting Of Civil Default Judgment In China

People move from here to there frequently, dispute at various styles increased andcivil litigation emerged more and more, according with the context of socialism marketeconomy and reforming and opening. From civil procedure principle, establi shing defaultjudgment is to avoid too much retardation of litigation and maintain efficiency of justice,avoid too high litigation cost, therefore enhance solving of civil dispute and facilitateeconomic communications. This paper insists the scientific developing view and opinionof taking citizen first, discusses definition and its developing history of civil defaultjudgment, analyzes it with jurisprudence, notes that default judgment could guaranteelitigation efficiency and then realize procedural and substantial justice. And then analyzestwo main kind of default judgment and makes a value evaluating, discusses defaultjudgment in Taiwan, China and western developed countries, summarizes theiradvantages. This paper analyzes default judgment in China, weaknesses and theircausations, lists three basic reasons: thick denseness of authority, imperfect legislationand conservational idea of judges. Based on the above analysis and China's real needs,this paper puts forward recommendations to perfect civil default judgment from theperspectives of civil procedure principle and legislation technique, notes that at first shallchange traditional idea and stick to the principle of"equal parties", secondly establishesnew system that mainly guided by the one-party adversary system and partially guided bythe default judgment system; thirdly shall perfect civil procedure, justify definition ofabsent, regulate legal conditions of applying default judgment. Further more, this paperdiscusses remedies of default judgment, notes that shall put limiting on appeals and retrialabout cased that default judged.