Research On The Civil Trial System

Default judgment is an important system in civil procedure,which can embody the choice and balance of the value of lawsuit justice and efficiency,respect and guarantee to the litigant's right of disposition.The laws about this system in our country are abstract and general.There are some problems in legislation,such as violating some basic principles of civil procedure,unclear procedure condition and single relief method.These problems have become a chronic problem in the application,which leads the judge not to apply this procedure or to examine the evidence in the process.To solve the above problems,we should start with the theory,clear the principle of disciplinary action,the principle of binding debate and the principle of equality of parties as the guiding principles.In the choice of the legislative mode,we should further improve on the basis of the both-check mode,absorb and draw on the objection relief procedure under the mono-check mode,but in the process of reference,we should restrict the starting condition of the procedure in order to guarantee the litigant's lawful rights and interests without affecting the lawsuit efficiency.In the legislation,the procedure condition and the way of evidence examination should be stipulated clearly to provide the guideline for the judge's concrete operation in practice.In addition,the system of civil litigation is a closely linked organic whole,improving the defense system,delivery system and other related systems is also an effective way to enable the default judgment develop its value and function fully.