On The Improvement Of The Civil Trial By Default System In China

The trial by default system is an important and worldwide concern.ing civil law system After a long evolution abroad to form a "ex-prate debate judgment mode" and "the default judgment mode," the two default judgment model. The Judgments of absence of a late start, the more careless legislative, judicial status is a bit confusing, do not respond to the absence of cases gradually increased. China is therefore necessary to perfect the absence of judgments. Judgments in the absence of this inspection system and procedures of the value of the history of development, based on the absence of foreign judgments the two analysis models were studied, trying to find patterns of Default Judgments can learn from experience. Default Judgments and then reflect on the legislation of our shortcomings and problems exist in reality, from the perspective of solving practical problems, the absence of decisions made to improve the system of some of the recommendations.Apart from the introduction and the conclusion,the paper consisits 4 parts。The first part is the basic theory of The trial by default system. Describes the origin of Default Judgments and history. The absence of procedures for the unique value of decision analysis.The second part is extraterritorial Comparative Study of Default Judgments. The effects of the two models representative national and regional system of Default Judgments. And the development trend analysis to identify the absence of Judgments in China can learn from the advanced concepts.The third part is the Civil Default Judgments Analysis. In this section, the absence of China's legislative and judicial decisions analyzed the current situation points out the absence of judgments of problems in the system.The fourth part is the Civil Default Judgments Legislation. Stressed the absence of the legislation system of model judgments must be based on our current situation, in the absence of clear legislative model based on the decision, made a few perfect system of Judgments by Default Some ideas, such as the absence of a clear concept, detailed rules of evidence, the establishment of a Strictly limit the relief system.