The Absence Of The Civil Justice System

As an important civil litigation institution,many countries have their ownrules.However,there are some defections on legislation.The rules are so simple as tolead poor operation.Therefore,it's necessary to perfect the trial by default.The articlanalysize modern civil litigation notion by the introduction and summary of trial bydefault of the continental law system and the Anglo-American law system.Based onthat,the article put forward the suggestions on the reformation and perfection of ourcountry's trial by default.This article consists of five chapters:Chapter I : The outline of trial by default, altogether divides into two sections. Thefirst section defines and embodies Chinese trial by default by the meanings ofanalyzing the concept of the trial by default. The second section firstly is about theexplanation of the rights, the responsibilities, the relieies to the characteristic of trialby default, and then draws the conclusion that the trial by default is a type of litigant'sprocedural rights, and the court should pay attention to the solution to cases of trial bydefault, because of its responsibility to settle disputes. At the same time, it is simplydiscussed of the necessity of relief to cases of trial by default in the section.Chapter II : The two basic modes of trial by default, altogether divides into twosections. In the first section, it is pointed out that the main difference between Chinesetrial by default and the ex-prate debate judgment proceedings, based on theintroduction of adversary proceedings. The second section carries on the comparisonin value of two basic modes, in order to provide foundation for reconstructing Chinesetrial by default.Chapter III : The legislative situation of trial by default in the world, altogetherdivides into two sections. The first section is about the introduction and summary oftrial by default of the continental law system and the Anglo-American law system.Based on the first section, it is showed in the second section, the relevant provisionsand the shortages of Chinese trial by default.Chapter IV : The ideas in modern civil procedure and the trial by default, altogether isdivided into four sections. As the ideas of modern civil procedure, adversaryproceedings, principle of equality, principle of disposition, procedural justice, andprocedural peace, etc, they are introduced and explained from the view of linking withtrial by default, in order to provide foundation for reconstruction of Chinese trial bydefault.Chapter V : The perfection of Chinese trial by default, altogether divides into twosections. The first section is about the explanation to the reason why we should takethe choice of the legislative mode. And then, in the second section, it is adequatelyintroduced of the specific legislative reconstruction of Chinese trial by default.Finally, the author repeats the viewpoint of this dissertation. I believe that Chinesetrial by default should take the ex-prate debate judgment proceedings as principle, butadopt the default judgment mode and restrictive opposition procedure in legalparticulars of matters.