| The civil trial by default is an important institution in civil litigation procedure and itreflects the value choice and the style of a country's litigation in some degree. The trial bydefault procedure generally is specially stipulated as an independent procedure by the civilprocedure. However, the civil procedure law of our country to the provisions of thissystem is not clear, the theoretical circles on the civil trial by default system does not formindependent theory and system. In judicial practice, the absence of the case is not rare,even it is a growth trend. It lead the system not to play their due role and function. Basedon these arises, in the civil trial by default system needs to be optimized.This paper is mainly aimed at our country civil trial by default system in legislationand practice to confusion and appear of the study. First of all, the article introduces thetheoretical significance and practical significance, and analyzes the research contents ofarticles and research method, as discussed below the matting. Secondly, the absence ofcivil trial system discussed some of the concept, think civil trial by default and the civiljudgment by default is not the same concept, we should not be confused them. Thirdly,this article has analyzed our country civil trial by default the present legislation andjudicial system present situation, the our country civil trial by default system exists someproblems, lack of clear legislative model, ignore the main body status of the parties, thejudge authority colour dense and so on. Finally, according to the main problemssummarized solution strategy. Advocates express choice to ex-prate debate judgmentmode mainly, default judgment as the auxiliary, supplemented by legislative model. At thesame time, deepening of judicial philosophy. In the absence of civil trial system related tothe specific system, puts forward five specific system design. Make a complete system, soas to give full play to the function of the absence of the court system. |
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