On The Perfection Of Civil Absence Judgment System In China

System of judgment by default is an very important in the civil litigation system, it can solve a civil dispute in a timely manner, provide legal guarantee for the maintenance of the rights. But our country’s system of judgment by default because legislation is too rough, simple, the lawsuit efficiency, assure the function of litigation justice didn’t get a good play, especially the default judgment shall apply in practice and shall not apply to the judgment by default, but repeatedly to a summons, or delay. In order to solve one of the parties in civil litigation absence of right remedy and application security, achieve the purpose of improving efficiency and guarantee the legal fair, make a judgment by default system play its proper role, using the method of historical analysis contrapose to the modern representative state of judgment by default system development history of the profound analysis, and through analyzing the status quo of civil judgment by default system in our country, comparing the different between them, deeply analyze the insufficiency and flaw of civil judgment by default system in our country, puts forward the related Suggestions to perfect the civil judgment by default system in our country, such as:absence of detailed regulations applicable case, the default judgment shall be issued by the party that application startup, such as absence of using the same treatment, in order to build the system of judgment by default system, the greatest degree of the function of judgment by default system in our country.