Divorce Trial By Default System Perfection

Marriage is an important part in relationships.The happiness of marriage not only reflects society's happiness index but also decides the stability of society.As the end of marriage,divorce cases have the characteristics of social nature,identity nature and irreversible nature.According to provision of law,the parties may not apply for a retrial.Judgment by default has been a way to divorce.However,it not only can't protect the legitimate rights of relevant parties,but also has negative effect on legal credibility to some extent.Because one of the parties does not appear in court will cause the fact which husband and wife knows but others do not understand that can't be found out.Therefore,when we design a divorce trial by default system,on one hand,it should be based on our country's national conditions and judicial reality.On the other hand,it should be based on the characteristics of divorce cases specifically,rationally and scientifically.Guizhou is one of the important Provinces in Southwest.Court A and Court B are two Primary Courts in Guizhou.And Court A is in ethnic minority areas.The writer will research and analysis Court A's and Court B's divorce trial system especially the divorce trial by default system.The writer will try to understand the divorce trial by default system through the date collected and make recommendations to improve divorce judgment.In addition to the introduction,this paper is divided into four parts.The first part is an overview of the theory of the divorce trial by default.This part describes the concept,characteristics and types of the divorce trial by default system which lies the groundwork for the practice.The second part is empirical analysis of the divorce trial by default.This part mainly summarizes and compares the divorce cases and the divorce trial by default in Court A and Court B.By researching the practice difficulties of the divorce trial by default system,the writer reflects on the shortage of j current legislation practice.The third part discusses the issues of the divorce trial by default system in legislation and judiciary.This section describes the problems of the divorce trial by default system in both legislation and judiciary and reasons why the problems will cause,so as to seek demonstration basis to improve our divorce trial by default system.The fourth part is recommendation to improve the divorce trial by default system.This section presents legislative and judicial suggestions of the divorce trial by default system.