The Research Of The Civil Default Judgment

Default judgment system is a civil law system, generally established in modern countries. It has its unique functions, thus, it exists its legitimacy. However, provision on the default judgment in our civil law system is too simple. There is disorder and chaos in judiciary operation, so it is necessary to reform and improve our current system of default judgment. At present, with the development of our society, the default situations greatly increase in civil judicial practice. Therefore, it is of significance for deep studying on default judgment, setting the related resolution from legislation and further completing the related rule of legislation. Besides the introduction and conclusion, this thesis contains the following four chapters.Chapter One is an overview of civil default judgment, including the concept of the civil default judgment, the historical evolution, the theoretical basis and mode of civil default judgment.Chapter Two is the investigation of civil default judgment system in foreign countries, including the United States, Great Britain, Germany, France, Japan and other countries.Chapter Three provides the analysis of the civil default judgment system, describes the current situation of legislation and judicature on default judgment system in china, and points out the deficiencies in the system of default judgment.Chapter Four gives the suggestion and conception on completing the civil default system in China. One is to be cautious to choose the mode of civil default system. The other is to specify the conception of completing the civil default system. In this process, it is needed to make it clear about the concept and the applicable elements of civil default system, to perfect the rule of evidence, to set up relief mechanism and the mechanism for prohibiting the absence of party.