The Research Of The Civil Default Judgment System

In the civil procedure law of our country, many scholars and experts has been focused the default judgment system.Absent for a long time,our country related changes have been made.Those provision did not concern to deeper content. while a academic discussion is more intense in the system,mainly discussed about the perspective of guarantee the equality, not related to defense, and implied admission system coordination for demonstration research. At the same time,it does not involve those issues such as how to review the facts and evidence in the judicial practice and special cases such problems as how to deal with the absence of the trial.The new judicial interpretation of the civil procedure law in 2015,which puts forward the new provisions shall be applicable to the specific. The article 241, the first is explicitly put forward how to determined the facts and evidence in the absence of the parties. Beyond that, however, are still existing in default judgment system inherent defects and other problems are further improved.This article is divided into four parts altogether.The first chapter is an overview of the absence of civil trial system. The concept of default judgment system as well as a brief introduction to the basic characteristics, followed by the legal basis and the value function of the default judgment system were analyzed, and the last is to analyses the two legislative modes of the system is introduced and compared.The second chapter introduces the related content in the foreign countries. In the Anglo-American law system and continental law system default judgment system in-depth study, analysis of the existing theoretical foundation and pros and cons, then will provide some practice.The third chapter mainly discuss the legislative and judicial status of China.On the one hand, analyzing the existing defects of our country.On the other hand, analyzing the judicial defects of the system. At the same time, analyzing related system of conflict,in order to find out the sticking point of the system development predicament.The fourth chapter discusses specific ideas of perfecting our country’s default judgment system. Such as legislation pattern choice, the choice of the start of the program, suitable subject, remedy mechanism of Settings,the related system and so on.