Study On The System Of Civil Trial By Default

In civil proceedings, the parties attended the hearing is normal, with the increasingly rapid pace of social development and people’s living, in the judicial practice appeared, a party is unable to attend the trial, in order to solve the system of trial by default should be born. The deepening of judicial reform in our country, legislation the provisions also with the development of society made corresponding adjustment, trial by default system in legislation and judicial practice on the advantages and disadvantages of gradually apparent, the absence of judicial system reform is imperative.This article mainly from the following four parts to discuss the system of civil trial of default:First part is Civil Default Trial System overview. A brief review of the Western Civil Default Trial System of historical development process, on germination period and establish period features respectively explain, analysis of the Civil Default Trial System. Modern system of judgment by default only establish in the principle of equal litigious rights of the parties, the punishment principle, and the restraint of the debate principle on the basis of the above can maximize the protection of the rights of the procedure interests of the parties and entities.The second part is the Civil Default Trial System of extraterritorial investigation. This part focuses on the foreign countries about civil default provisions of the judicial system and of the relevant provisions of depth analysis, to extract can be used for reference by the relevant provisions of the major countries of two legal place. Although there are differences in specific patterns, but are to enhance the efficiency of litigation, to prevent lawsuits to delay, the pursuit of substantive justice is the ultimate value orientation, perfecting the system of our country enlightenment through the summary for the value orientation.The third part is the our country civil absent trial system and the shortcomings of the status quo. This part of the law of our country about the absence of judicial system provisions introduced, summarized several encountered by the court in the judicial practice in the absence of, combined with the practice of litigation theory and foreign advanced countries provided the defects in legislation and judicial practice, legislation defects of specific and detailed to ignore the litigants of both parties and the equal status and the lack of independent suitable for the trial by default program defects, defects in the judicial practice is mainly neglects litigants absent trial of the right to apply for and lack of relief way.The fourth part is our country civil absent the perfection of the judicial system. This part puts forward to perfect our civil trial system specific idea of absent, mainly from given default of one party right to apply trial, refine the civil absent trial system, the rules of evidence, conditional objection relief system established perfect. And perfect our country civil absent trial system of supporting system and puts forward suggestions diversification, respectively to improve public notice system, strengthening the judge’s interpretation right to construct compulsory defense system and built to contain default trial system gives suggestions.