Study On The Absence Of The Civil Justice System

The trial by default system is a very important institution in civil procedure, different countries, including our country, have made different rules on this. However, the trial by default system of our country has defections in legislation and very simple articles, which result in poor operation in practice. Therefore, with the deepen push of our reformation on judicatory system, the reformation of the trial by default system also is imperative under the situation. Through introduction of the trial by default system in some countries, The article analyses modern civil litigation notions and the footstone of the two basic modes of the trial by default system .On these bases, the article analyses the present conditions and defections of our country's trial by default, and then put forward the suggestions on the reformation and perfection of our country's trial by default.The artic divides into six parts.Part one: Introduction. This part states the significance of the trial by default system and sums up the defections of our country's trial by default, then, draws the intention and outline of the article.Part two: Summarization of trial by default. This part sums up the definition of trial by default and compares the trial by default to the default judgment, then, introduces the developing history of trial by default chiefly. Later, this part analyses the legislation of Germany, France, Japan, American and England.Part three: Analysis on the theory base. This part introduces the procedure justice, the adversary doctrine, the doctrine of equality and the doctrine of disposition, and then, put forwards that our trial by default system should be based on this modern civil litigation notions which is mentioned above. Further more, this part analyses the two basic modes of trial by default: default judgment and ex-prate debate judgment.Part four: Analysis on the present conditions of our country's trial by default. This part introduces legislation of our country's trial by default and points out the characteristic. The definition of civil trial by default in our country is that one of the parts has no reason don't participant the judgment by one part debating. The definition of trial by default in our country is unintelligible: it is neither ex-prate debate judgment mode nor default judgment mode, and it also differ from other country's legislation. Further more, this part analyzes the defection of our actual trial by default system detailedly .Part five: Perfection of Chinese trial by default. Based on the reality in our country, the author suggests that the judgment by one part debating should be the basic principle and the judgment by default be the supplement in our country. Further more, this part puts forward six reformational ideas on process.Part six: Epilogue. Sum up the total achievement and meaning of the article.