An Empirical Study On The Trial System Of Default In Civil Action

Civil litigation trial by default the application is an old and new topic,as China’ s rapid economic development,population mobility has gradually increased,leading to the formation of a civil trial in absentia cases increasing year by year.This paper analyzes the system of absenteeism from the aspects of the number of relationships in the absence of trial cases,the nature of the absence of the case,the absence of the subject and the reasons for the absence of the case.analysis and reflection,and put forward some suggestions to improve the relevant laws and regulations,the establishment of a sound and efficient support system,hoping to further improve the system of civil litigation trials in absentia helpful in judicial practice.Through the quantitative analysis and the qualitative analysis,the author finds out that in the current judicial practice,the absence of the trial system is applicable to the existence of the trial system in the absence of the trial system in the absence of the number of cases in the absence of the trial case,the nature of the absence of the case,the absence of the subject and the reasons for the absence The absence of legislation,the imperfect service of the notice,the absence of unfair reasons,the improper application of the procedure of absence of the absence of cases,the lack of commonality in the evidence of the words and some other evidence,and the existence of the absence of the trial system Personality problems such as marriage and family in the absence of the case of the couple’s emotional state,common property and conducive to the child’s growth environment identified difficulties;contract disputes in the absence of the construction contract contract absconded,the actual effect of the trial after the trial unsatisfactory,loan contract disputes the absence of identified cases difficult for borrowers facts of the case do not exist;the absence of infringement cases infringer to evade justice lead to unclear allocation of responsibilities;real property disputes tried in absentia if there are multiple heirs,can not guarantee all human rights Rights and Interests of Law;Instrument for labor dispute cases in the absence of the employer to trial by default for the delay.For these specific issues,we should first improve legislation,such as trial by default system corrected representation is not rigorous and ambiguities,the "default judgment" to "a trial in absentia,"the judge realignment of functions in the absence of the trial of cases,improve public notice System,and secondly,it is aimed at the various types of civil disputes in the absence of trial system characteristics of the targeted recommendations,such as divorce cases in absentia set the plaintiff to provide the defendant’s unspecified proof of compulsory obligations,refused to court the absence of the person may require its mandatory In the absence of the initiative,the initiative can be used by the plaintiff to advance the cost of arrest procedures,the initiative can not be based on the application of the parties to the application of the dispute;decide whether to open a trial in absentia system;real property dispute case in absentia to improve public notice system;the absence of cases of labor disputes may adopt procedural issue a warrant for the employer.