Absentia System

The civil trial by default is the system that when one of the parties have no right reason but is not present the trial or leave the being progressing trial, the court doesn't stop trying but go on trying and find out the truth to make a judgment. It is an important system in civil procedure law and there are norms in other countries. In our country, the legislative sense of trial by default is out of date, the skill is backward and there are some blind areas. The operation of trial by default in practice is confused. The artic analyzes the basis of jurisprudence of trial by default and research trial by default of some other countries and Taiwan district. The artic also discusses the defects of trial by default in our country. Then provide the trial of thought to perfect trial by default of China.This artic divides into four parts.Part one: Introduction of trial by default. Trial by default is the opposite of absence, the main definition of it is that some parties are default in the date of debating or be absent but don't practice any procedural action. Justice and efficiency are the basis of jurisprudence. There are two patterns of trial by default: Judgment by default and judgment by one part debating. The two patterns have their advantages and disadvantages and they can be used for reference to perfect one country's trial by default.Part two: This part studies on the system of trial by default of other's country. Through law study on the system on civil trial by default of Germany, France, Japan, England and America, reveals the common and different character in representative countries. These form solid conditions for analyzing and perfecting the system of our county.Part three: This part analyses and comments on the civil trial by default of out country. First, the system of Taiwan district's system is judgment by one part debating. Then this part points out the characters and defaults of our system. The definition of civil trial by default in out country is that one of the parts have no . reason don't participant the trial and march out the unfinished trial. It is different from the judgment by default and judgment by one part debating. The definition of trial by default in out country is unintelligible: it makes a distinction between theplaintiff and the defendant and run counter to the equality between the parties of civil procedure law. It also makes a mistake of function of trial by default: our civil procedural law holds that trial by default is a punitive sanction of absence. The judges make the judgment on their own initiative, this has been aggress the parties' procedural rights. There are many doubts in practice, many judges dare not to make default judgmentPart four: This part aims to perfect the trial by default of our county. According to our country's state, the author thinks that judgment by one part debating should be the basic principle and the judgment by default be the supplement in our country. The default should be gjved a definition that one part is absent on the date of debating or be present but do nothing or leave the court without authorization. The system can't be used in the simple procedure. The due reason of absence should be clear: the absent part do not receive the legal notice in right time; the absent reason is inevitable, etc. We should set up a relieval way for different procedural. To the judgment based on one part debating, the parties only can appeal to a high court. To the judgment based on judgment by default, the system should put up a objective procedure, and the parties can apply for withdraw or change the judgment.