A Study On The System Of Trial By Default In Civil Proceedings

The start and promotion of the civil proceedings depend on the parties’litigation action. However, the parties of the litigation may not actively take part in the litigation. A measure to promote the proceedings of litigation would be necessary in case the party is reluctant to exercise his litigation right or is unable to take part in the litigation on time owing to various subjective and objective factors. Therefore, the system of trial by default in civil proceedings has become a necessary procedure setting up for the system of civil trial in all countries. In China, there are provisions concerning the system of trial by default in civil proceedings in the Law of Civil Procedure which has been modified twice, the Supreme People’s Court’s Opinions on the Issues Concerning the Application of the Law of Civil Procedure of the People’s Republic of China, and the Supreme People’s Court’s Judicial Interpretations on Applying the Law of Civil Procedure of the People’s Republic of China which came into force on February 4,2015. However, these provisions are too simple. In addition, there is no provision on the mode of the system and the corresponding remedies in these laws and interpretations, which makes it difficult for judges to operate in judicial practice. Owing to this, the thesis chooses the system of trial by default in civil proceedings as its theme to research in and hopes to be helpful to the improvement of the relevant legislation. The thesis starts from the concept and the features of the system of trial by default in civil proceedings, makes a comparative study of the system in other countries, inspects the current situation of the legislation and judicial practice of the system in China, and puts forward some suggestions on further improving the system of trial by default in civil proceedings in our country.