On The Civil Trial System In Absentia

With the acceleration of urbanization, population mobility is also growing, resulting in the absence of judicial practice applies judgment system more and more, and our legal system to the provisions of trials in absentia are not many, only a few provisions, the law simply can not meet the increasingly complex cases in the form of trial in absentia, reason, etc., so the judicial practice, the judge only on the basis of law on the discretion of the judge, followed by a variety of problems, both in the entity or in the program, various courts have different practices, judicial practice relative chaos. Judicial unity difficult to achieve, which is to improve judicial efficiency, and establish judicial authority are challenged. Through a typical case of judicial practice analysis of trials in absentia, reaction the system in a trial in absentia exists some problems, as the content of the paper back foreshadowed by opening the case, then explains the basic problem in absentia system, including trials in absentia concept, applicable conditions and legislative model system, the legal basis of the trial in absentia System and the role and significance in the judicial practice, on trial in absentia by the above described system can be seen in absentia system increasingly used in practice more and more, the type is also more complex, it will be a variety of problems in practice, such as the protection of the rights of the parties in absentia is not perfect, remedy single announcement system applies confusion, proof standards are different and other issues, because there are the above-mentioned problems, we have to improve and perfect the trial in absentia, and then we suggest improvements, improved proposal, including recommendations for improvement programs focused on protecting the rights of the parties, public notice thinning regime, clear and specific procedures applicable to improve auditing and finds evidence of remedy improve, among other measures, so that the absence of the trial system to better play its due role, to better serve the rule of law in our society.