Studies On The Civil Default Judgment System

Absence in civil lawsuit trial system is an important and special system. For the principle,the civil lawsuit procedure is mat trial, but it is just ideal state. In order to improve the efficiency of the trial and protect the rights of the parties, it is necessary to establish default judgment. Civil default judgment has a long history. It have two modes: default judgment system ism and one party debating ism. The two modes have their own advantages and disadvantages. Different area, according to their own national conditions, have chosen the appropriate civil default judgment. Compared with other countries, Chinese civil default judgment develops slowly, and has not been enough attention. It is not perfect. This paper analyzed the system's connotation and theoretical foundation firstly, and our country hasn't clear and operational definition about it. So it is important to identify what is civil default judgment. Absence trial system's theoretical basis is debate socialist,egalitarian and disposition socialist.Besides, this paper lists Germany, French, Britain and American absence trial system's feature. Since then we can draw the conclusion of the two law system, what is useful to our country. Compared with foreign country, our country's absence trial system still has much inadequacy,first of all,it is unclear of 'absence' definition,the judges can't use it comfortable. The procedure is started by court not the clients, ignoring the dominant position of clients. It is completely different when the plaintiff and the defendant absent in civil lawsuit, the status is inequality. The right relief system is defective. Based on this, the author puts forward that our country should rely mainly on one party debating ism while making default judgment system ism subsidiary, and perfecting the system on the details: Making a clear regulation of three situations are absence. The plaintiff and defendant should be treated equally and the procedure should be started by clients. The cross examination rules and right relief system should be modified and perfected.