On The Trial In Absentia System

The trial by default is refers to the court when a side litigant absence the behavior trial. The world other various countries civil procedure laws generally all the trial by default procedure will do for the independent procedure specially performs to stipulate, but the our country civil procedure law will only have several articles about the trial by default procedure stipulation, certainly will not be an independent procedure, did not call will be one kind of system. Because in trial by default procedure legislation technology roughness, caused this procedure to have the serious flaw, concrete table present: To original, absente reo different processing consequence, has violated the litigant equal principle and the fair principle; Legislates excessively thickly, causes in the judicial practice to lack the unification to recognize the standard; Litigant's procedure option does not receive when limits and so on. These flaws existences cause our country the trial by default system to realize "the entity with difficulty fair" and "the procedure are fair" these two big lawsuits value goal, therefore must carry on the reform to our country present trial by default systemThis article in inspected the trial by default system historical development and overseas somewhat represents the country present trial by default system in the foundation, introduced our country trial by default system present situation and the existence insufficiency, and unified our country the actual situation to propose the reform concrete tentative plan: Introduction modern civil action idea, for example: The equal principle, the debate principle, the punishment principle, the neutral principle, and absorb a side to debate decides the pattern and the go by default pattern essence, the establishment suits the go by default pattern which our country reality needs, simultaneously consummates the absence to recognize standard, the concrete two kind of trial by default pattern suitable important document and the relief procedure, the explicit evidence examination way and the gauge set delivers aspect the and so on procedure legislation stipulation. Through the reform, diligently our country trial by default system achieved encourages the litigant positively to participate in the lawsuit and to complete the debate and so on each kind of lawsuit behavior, effectively controls the absence situation the occurrence, maximum limit protects litigant's lawsuit right effect.