On The Absence Of The Trial System

Trial by default is one of the important mechanisms in civil procedural system,which plays an important role in civil litigation.Article 129 to article 131 of Civil Procedural Law of P.R.C.has stipulated the means of handling the situation of one party's absence in trial.Nevertheless,in the area of legal practice,we have not gotten a uniform applying standard defined by those articles due to some defects in the legislation.Therefore, for the purpose of promoting the function of the mechanism of trial by default as well as coping with the practical problems aroused by running the mechanism,we have no choice but to make a reform in the field of default trial in China.This dissertation makes a comparative study on ex-prate debate judgment mode and default judgment mode and explored the justification of the trial by default system,based on which the author proposes some thoughts about the reform and perfection of present default trial mechanism in China.The dissertation is consisted of 6 parts as follows:Preface is about the general introduction of the content and problems of the running of the trial by default system,the meaning of default trial in theory and practice as well as the purpose of studying this topic.The first chapter addresses the basic things with respect to default trial, which includes two sections.First section explores the definition the default and default judgment in our country's default trial system and compares the default trial with the default judgment.The second section explains the development history of the trial by default system and compares the ex-prate debate judgment mode with the default judgment mode,and tells out the defects of the two.The second chapter discusses the justification of the default trial system.This part addresses on the perspective of due process,guarantee of parties' participating right and litigation efficiency,grounds on which the author analyses the specific procedural design of our own default trial mechanism and makes the guidance for the improvement of China's trial by default system.The third chapter is to discuss the status quo and some shortcomings of China's legislation on this area,which is comprised of three sections. Section one is to introduce the status quo of our country's legislation on default trial.Section two compares the two different modes and concludes the characteristics of China's trial by default institution.The last section addresses the defects of default trial system in China.The fourth chapter proposes the suggestions on reconstruction of our own trial by default system,which includes two sections.Section one introduces the legislation mode that we should take makes an explanation of the reasons of the choice.Section two puts forward some suggestions on perfecting the default trial system and related mechanisms based on the analysis of the problem in theory and practice.The Conclusion part sums up the ideas and thoughts of this dissertation.