China's Civil Trial In Absentia System Analysis And Improvement,

Trail by default system is a judicial procedure not only related to, but also has differences with the trail inter parties. It is a very important civil procedure system locally and internationally. We suggested that trail by default system is a complementary occurs when one of the parties could not attend the trail for some reasons, therefore, it is necessary and just. Come to our country, we can see the trail by default system has so many problems like the lack of legislation, the chaos of application, etc. As we are on our way of the legal reformation, we should never stop our discussion for the improvement of trail by default system.Exclude the foreword and conclusion, there are four chapters in this article:Chapter 1:The summary of trail by default system. Start from the similarities of trail by default system like definitions or features, this chapter introduced the historical development of this system. Then, it introduced the prevailing two modules of trail by default system:trail by default doctrine and one-party-debate doctrine. Thus leads to the legal basis and legal value of this system.Chapter 2:The investigation of trail by default system in other countries and districts. By codes induction and features conclusion, this part introduced the typical countries and districts of both common law system and civil law system. And it managed to figure out the points that could be learned by our country.Chapter 3:The status of trail by default system in our country and the relatively defects analysis. Here, we analysis Civil Procedure Law and the relevant judicial interpretations of trail by default system. Start from legislation, combined with legal practice, this part tried to conclude the deficiencies of the trial by default system in our country.Chapter 4:The improvement and reconstitution of trail by default system. This chapter starts from the general principles of civil litigation procedure. From the chosen of legislation module to the constitution of the specific system, it offers some suggestions in both legislative and practical ways.