| The default judgment is an important system in civil procedure law. It had appeared since the time of Rome law, experiencing a very long period. Different countries and districts, including our country, have built different rules on the system of default judgment. But there are some defections on legislation in our country, the rules are so simple and it plays a small role whether in the theory or in the practice, such as no independent theory and system and the operation of default judgment in practice is confused. Therefore, with the deepen push of our reformation on judicatory system, the reformation of the system of default judgment also is imperative under the situation. Through compare the system of default judgment on some countries and districts, the article analyzes the defects on the system of default judgment in our country, then, on these bases, the article aims at the actuality and puts forward some concrete ways for reforming and perfecting the system of default judgment in our country.Besides the introduction and conclusion, the article is divided into four parts.Introduction: The Part states the significance of the system of default judgment, sums up the defections of the system of default judgment in our country and summarizes the purpose and meaning of this article.Part one: The outline of the system of default judgment. Through analyze the general conception, the article puts forward the conception of default judgment and analyzes the correlative conception. Then introduces the developing history of default judgment in western countries chiefly and through the introduction, we get a clear understanding on the default judgment's value pursuing by justice and efficiency, and this part, the author analyzes modern civil litigation notions and the system of default judgment thoroughly. As the bases for constructing the civil litigation systems, litigation notions must have sufficient annotation in a specific system, the system of default judgment in the modern society only should be firmly based on modern civil litigation notions such as the principle of equality in litigation rights, the principle of disposition and the principle of debating which restrains, that can it mostly achieve the protection of the procedure interests and the entity rights of the parties.Part two: Comparing studies on the system of default judgment. This part studies on the system of default judgment in other countries and districts. Through legislation study on England, America, Germany, France, Japan and Taiwan district in our country, the article presents that two basic modes of the system of default judgment in the word: the doctrine of the default judgment and the doctrine of the judgment by one part debating, and think that the system of default judgment in our country is neither the doctrine of the default judgment mode nor the doctrine of the judgment by one part debating, and next, the article compares and analyzes the different characters of the two basic modes, the article think that the two patterns have their advantages and disadvantages and they can do a favor to perfect our country's default judgment.Part three: This part analyzes the system of default judgment in our country. According to history study, legislation study, practice study and comparing the system of default judgment between some countries, districts and our country. The article points out the difference on macro notions, legislation pattern and micro system which lies in other countries, districts and our country. The author affirms the limited effect in our country's system firstly, then the author sums up the defections of our actual system of default judgment, puts forward to the revelations that be aimed at our country and Points out that the reformation is a task which brooks no delay.Part four: The innovative imagination on the system of default judgment in our country. Through drawing on the experience of other countries and districts' civil judicial reforming, this part, the article will relate our country's concrete conditions on the system of default judgment's rebuilding. In the course of concrete system's designing, the default should be give a definition; the applicable condition and the due reason of absence should be clear; the judge's rights for explanations, a relievable procedure for the system of default judgment should be set up. And the last, the different disposals for the three people and the common people in the course of litigation. In the end, the article briefly discusses the relation between the system of default judgment and the other systems of civil action.Conclusion: The author states the article's viewpoint again and sums up the total content and meaning of the article. |
