Research On The System Of Trial By Default In Civil Litigation

Under the background of the rapid development of China’s social economy,the proportion of trial by default in litigation activities is increasing,which also brings a series of problems,such as the unimpeded way of appeal of the absent party and the limited application of summary procedure.Therefore,in 2015,the supreme law issued a judicial interpretation on the application of trial by default procedure to provide guidance for the people’s court to correctly apply the trial by default procedure.However,with the complexity and diversification of the types of cases in judicial practice,the existing judicial interpretation has inevitably lagged behind,resulting in the fact that there are still violations of the legitimate rights and interests of the parties,such as the inability of effective delivery of legal documents and the careless examination of the reasons for absence,which need to be further improved.Based on this,this paper uses the methods of literature research,comparative research and empirical analysis,takes the legal effect of trial by default in civil litigation as the research starting point,deeply studies and analyzes the trial by default system,finds out the existing problems,and puts forward targeted improvement suggestions,in order to be beneficial to improve the trial by default system in civil litigation.This paper makes a detailed research from four aspects: firstly,it makes a comprehensive research and Analysis on the basic theory of trial by default in civil litigation in China,including the basic concept,procedural requirements and value of trial by default;Secondly,it makes an empirical analysis on the legal effect of trial by default in civil litigation,combs and analyzes the cases that apply the trial by default procedure in civil litigation,and explores its sentencing force,so as to explore the problems existing in the application of trial by default procedure in our country;Thirdly,draw lessons from the experience of the application of the trial by default mode in foreign civil litigation and combined with the reality of China’s trial by default system,extract the practical experience conducive to the development of China’s trial by default system;Finally,in view of some problems existing in China’s current trial by default system,combined with foreign excellent experience,this paper puts forward some suggestions to improve China’s trial by default system,mainly including: improving the theoretical basis of the trial by default system,broadening the legal relief channels of the absent parties,ensuring the safe and effective delivery of judicial documents,and strengthening the punishment of malicious default judgment.