Study On System Of Civil Default Judgment

Default judgment is becoming more and more common in our judicial practice, which is closely related with population mobility and regional comprehensive in our country. It appeared many contradictions in the process of implementation, which is manifested as obscure implying object, procedures are not specific enough, the operation of the procedures is not ideal, etc. It can’t keep up with the development of judicial practice. The new modification of the civil procedure law about default judgment is still used in the past three main articles, which has not been modified. There are blind spots in our theoretical study of default judgment in our country, for example, not enough research on concrete system elaboration. This paper attempts analyzed our country default judgment from the theory and practice, finally put forward several basic thinking of perfecting our country’s absence systemThis paper is divided into five parts. The first part give a complete analyze to default judgment from legal principle, connotation, rules and concepts, give a clarification of such concepts as trial by default, mat sentences and not responding trial etc related to the default judgment, briefly introduce two main patterns of default judgment, analy the different characteristics of two modes.The second part analyzes the theoretical basis of default judgment. Including the theory of procedural justice, litigation efficiency, autonomy of private law, procedure stability, etc. Pointed out the default judgment which can become a kind of system, has its theoretical basis by support, accord with the expectations of lawmakers for autonomy of private law and the procedure stability.The third part mainly introduced the world’s two typical pattern in the legislation in different countries. Mainly includes default judgment of the United Kingdom, the United States and Japan,"one side of debate" in Germany, France and Taiwan. Through analyzing default judgment of typical countries, sum up their advantages and disadvantages, in order to be used for reference in study of default judgment system in our country.The fourth part analyzes the main defects of default judgment in the legislation and judicial practice, and made a brief analysis of all sorts of problems, mainly includes legislative model, the principle of equality and legislation technology, etc in legislation. In practice, through to the court’s investigation, give an analysis of the causes to the common problems of default judgment.The last part puts forward the concrete Suggestions to perfect the civil default judgment in our country. Including the selection of legislative model, improving basic procedures and rules of the system of default judgment and so on, in addition to form a complete set of default judgment, such as delivery system, evidence system, trial organization form, etc.