Defects Analysis And Reform Approaches On The System Of Default Judgment

Starting and moving forward the Civil Procedure depends on the acts of the parties'proceedings. But actually, only a few parties of the case can actively take part in the proceedings and carry out legal action, if the parties just negative to perform his rights of litigation or should not take part in proceedings because of certain objective factors, it is necessary to have a measure to promote the development of civil proceedings or end the proceedings in some way. Therefore, the system of default judgment has become necessary procedures of the civil justice. Although China's Civil Procedure law have set up our country's default judgment system, but it is extremely easy, only several items about the applicable conditions, no regulation about the concept, basic principles, legal requirement and relief way, and so on. So in judicial practice, it is difficult to operate for the judges. On the case of structural imbalance of litigation, how to maximize the objectivity by reasonable system is worth pondering. There are many problems, such as conception ambiguity of trial by default system, defects existing in procedure operating, which need to be solved urgently. Under current situation, to build highly compatible model and to reshape the guiding philosophy of the default system, is of great practical significance.This text including four major parts beside the introduction and the conclusion, about thirty-six thousand words. The main contents are as follows:Part 1. The basic content of Default Judgment System. First of all, defining the concept and nature of default judgment, dividing the absence acts of parties into two, statement pre-trial is obligation and attendance on trial is right. By analysis and systems analysis, this part finds the historical evolution of the default judgment system finally. On the basis, obtain a conclusion as follows:the evolution of default judgment system always search equilibrium point in the Procedural fairness and Litigation efficiency,the protection of the rights of the parties and the Stability of verdict. In addition, this section also carried out on the value of default judgment system, in depth discussion about the procedural fairness,litigation efficiency,freedom of action and system stability.PartⅡ. Foreign investigation of Default Judgment System. It mountains stone, jade can attack. This part through study and research on the main countries and regions of two legal system, summed up the characteristics and introduced the modern two basic modes of Default Judgment briefly:trial by default judgment and one part debate judgment. Moreover, elaborated and analyzed the advantages and disadvantages of the two mode system. Removed the defects and absorbed the essence, hope to provide some useful reference for China's future system of the Default Judgment.PartⅢ. Actuality states and defects of trial by default system in our country. This part started from the history perspective, established in the fundamental rule, and deeply analyzed the shortcomings in the legislation items and judicial practice of our default judgment system, and in systematic-deep view analyzed the default system in order to explore the root causes of defects and thus to improve our judicial system.PartⅣ. Reform and improvement on the system of default judgment in our country. On the basis of the previous text, combined the actual situation in our country, this part put forward some concrete ways for reforming and perfecting the trial by default system of our country. The design of default judgment system is reasonable or not is directly related to the philosophy, structure and legal issues of civil litigation. This paper discussed in detail in four aspects:reshaping the guiding principles, choosing the legislative mode, designing the specific system and perfecting the matching system, striving to be comprehensive without losing fine, to enable them to better adapt to and serve the absence of civil trial practice.