Research On The Civil Trial By Default System

Nowadays, trial by default system has become an establishment of universal system of civil procedural law in modern countries. It has its unique features, and so has the legitimacy. But trial by default system of China's civil procedural law is too simple; it has many questions in the functioning of the judiciary, for example, in the operation of confusion, and even abuse. Focus on it, it is needed to reform and improve our existing trial by default system. The article cut from the perspective of the history of trial by default, and then starts exploring the changes of trial by default system. On the basis of changes in the history, the article demonstrates the legal basis of the existence of the system of default judgement. Furthermore, the article cut from the perspective of comparative Law, and starts exploring the regularity behind the law through the comparative of the system of default judgement of two legal systems. one part debate judgement and the trial by default judgement was introduced, and with modern concepts of civil litigation under the guidance of its value assessment, with a view to improving China's system of civil default judgement be of benefit. Finally,On the basis of the previous text, the author seriously consider the status of defect of the system of default judgement in China's civil procedural law, and combined with the status and regularity of modern default judgement system , propose an idea of the construction of the system of default judgement.This article is divided into seven parts:Partâ… : The article outlined the purpose and significance.Partâ…¡: The historical development of the trial by default system. From the historical perspective,the part tries to explore the underlying common behind the development and changes of the system .Partâ…¢: From the concept of the modern civil perspective, looking at the modern system of the trial by default system, the author tries to demonstrate the proof of legal basis of the modern trial by default system: Justice of the procedure,Efficiency of the procedure,Procedures for legitimacy,Private autonomy and the principle of dispose. And the above four aspects were demonstrated respectively.Partâ…£: In the perspective of comparative law of the trial by default system. It mountains stone, jade can attack. Through the analysis of the trial by default system in different countries and regions of the two Schools of representation, summed up the two patterns of the trial by default system: one part debate judgement and trial by default judgement. Then with the introduction of the two patterns, the author tried to find the rule behind the modern trial by default system in order to benefit the improving China's future ruling system.Partâ…¤: The status and the deficiencies of the trial by default system of our country. Starting with the legislative status of the system, the part analysed the current system of the trial by default system of our country in the judicial practice of the operation. On the basis of the previous text, combining with the modern civil litigation notions of the trial by default system, the part tried to think of the deficiencies of the trial by default system of our country.Partâ…¥: The perfection of the trial by default system of our country. On the basis of the previous text, the part put forward some concrete ways for reforming and perfecting the trial by default system of our country: taking both the one part debate judgment mode and default judgment mode, and be restrict with both the last mode and the Objection procedure. Putting forward any suggestion in the design of concrete procedure: rethinking the impact of the absence of the trial by default system in the pre-trial proceedings, the author proposes to establish the system of unresponding to judgement in the pre-trial proceedings. re-define the scope of the absence and give the both participants equal treatment; import a reasonable trial by default judgement and restrict with the objection procedure; implement the binding nature of the debate and respect fully the status of the main powers and procedures; at last, the force and legal remedies of trial by default system was explored as well.Partâ…¦: The conclusion. Summing up the article and looking to the future of the trial by default system in our country.