The Defects And Perfect Of Our Country Civil Absent Judgment System

Miss judgment system is a civil action necessary important system, to achieve judicialjustice, to improve the efficiency of the proceedings, protect the lawful rights and interests ofthe parties safeguard judicial authority and the dignity of the national legal system is of vitalimportance But along with the rapid development of social economy, the optimal allocation ofresources that mobility strengthen gradually, the parties not to appear in court to participate inlitigation and improve the poems, the court’s served by public announcement unexpectedlyalso in fire and miss case is rising and the But in China the present civil judgment system nomatter in legislation absence levels, and in judicial practice there are serious defects, thedeficiency in lawsuit rights that can’t be equal reasonable protection, functions and powers ofthe socialist judicial impartiality questioned, Legislative omissions makes "absent" meaningnot complete, subject of unreasonable, absent the trial procedure could not be reached theprovisions of the detailed, in addition to the absence of the judgment of the using conditionsthere still exist the blind spot of a series of defects appears, no doubt, makes this system in thejudicial practice lack of maneuverability More deadly is the system will be misinterpreted as akind of sanctions, procedure justice again be unfortunately obliterated, in addition float thesurface of the defendant of abuse lawsuit out phenomenon also gradually warming. In short,this system deficiencies caused many contradictions seriously jeopardize their in the operationof the judicial practice,, it is the system as soon as possible put on the reform and perfect workschedules, Learning from others, may attack the jade, we repair their legal system in the sametime, to other countries and regions on the similar system condenses into the experience andwealth to the appropriate reference, construction suitable for China’s national conditions ofcivil judgment system is the absence of our best choice. In this paper from four chapters toour country civil judgment system discussed in absence. The first chapter of the system ofbasic summary judgment absence. Absent from the definition of the judgment of the system isintroduced, and its connotation and essence, the characteristics, function. Analyzes the maincauses of the the, this article explains the legislative model, weigh up the value orientation,The second chapter presents the our country civil judgment the present legislation systemabsent, and analyzes its characteristics, and expounds its defects, the third chapter presentsabroad and Taiwan out the basic content of judgment system to analyze the absence injudgment system with two big decision the similarities and differences of socialism. The fourth chapter with China’s national conditions, referencing essence of legislation, the paperout of the system of perfect our judgment concrete proposals. The prospect for thesafeguarding judicial justice, form a legal authority do a little the meager.