The Civil Trial System

The trial by default system is an extremely important system in the civil procedure. Many different countries have made the stipulation to the trial by default system in different times. There is trial by default items in our country, too. But in our country, trial by default system in civil procedure law is too general, legislation technology is relatively backwardness. There are also blind spots in the law. The trial by default system operation also is at the extremely chaotic condition in the practice. Therefore, it is very imperative for us to reform our country's civil trial by default system.This article uses trial by default system in other countries for reference, analyzes two legislation modes which this system exists at present, namely the default judgment mode and ex parte debate judgment mode, then analyzes the legislation present situation of our country civil trial by default system, the main problems of it, and on this condition the author proposed the tentative plan to restructure our country civil trial by default system. To restructure our country civil trial by default system, firstly, we have to determine the rationale of the trial by default system, namely the equal principle, the disposition principle and the debate principle; secondly, we must choose the legislation mode which can suit our country national condition, namely concurrently picks the ex parte debate judgment mode and the default judgment mode, the former is the basic principle, uses the default judgment mode and the limitary objection system under the special situation; finally, the author proposed the concrete system design of trial by default system restructuring.