Civil Action Absent The Perfection Of The Justice System

The trial by default, an important system in civil procedure law, is the trial when one side of the party does not appear and to relief and guarantee the rights of the other party. There are different system of trial by default in the past, but now, only two pattern in the west country: verdict by one party and argument by one party. Compared with the west country, it is so simple to implement and not convenient for judge and the party in the system of our country. The article generally introduced the system of trial by default. Secondly, the article compare the system of different country and points out the value goal and the basic theory of the system. Thirdly, the article analyses and investigates the characteristic and defect of the system in China. Lastly, the article designs the system of our country that must distinguish the default of plaintiff and defendant. When the plaintiff is not appear, it must be treated as withdraw the indictment which is the actual system of our country; but in this instance the defendant must be compensated. When the defendant is not appear, verdict by one party is primary and argument by one party complementary. There are different relief procedure according to the different verdict, which make up of an integrated system.