Studies On The Civil Default Judgment System

The civil default judgment is that when one of the parties has no right reason butrefuse to participate in the trial,or leave the being progressing trial which is notending,the court continues the trial and makes a judgment according to law.It is anintegral system of civil litigation theory and practice field,and plays an important rolein civil proceedings. In order to solve the problem how to balance the proceedingsfair and litigation-effectiveness, in case one of parties is absent, the civil legislationof the countries in the world have the detailed provisions,including ourcountry.However,the trial by default system of our country has very simple articlesand lacks of practical operational,easily leading to inefficient litigation,even havingthe risk of misuse or abuse by the judge and the parties.With the constanttransformation of China’s litigation philosophy,to further improve our defaultjudgment system is imminent.The article is divided into six parts.Part I: Introduction. An overview of the value on researching and perfecting thedefault judgment system,and a brief description of writing ideas.Part II: An overview of default judgment system.The part starts with the relevantlegislative provisions of other countries,analyzing different definition of "absence" ofthe default judgment system. And summing up the substantive content of the absence.Analysis of the default judgment system in the appearance of the proceedings,procedures and functions on the significance of the existence,describing the valueand necessity of perfecting in China. Analysis of the prerequisites for the defaultjudgment, shows the feasibility of establishing a system of default judgment inChina.Part III: Default judgment system in history and from the comparativeperspective.The part describes the historical evolution of default judgment system inhistory methods, illustrating the changes of its intrinsic value. A Comparative Studyof the default judgment system prevailing in two modes, that is,one part debatejudgment and trial by default judgment.And prune out what to learn and draw lessonsfrom in order to perfect our default judgment system.Part IV: Legal Analysis of the default judgment system.The part describes theprinciple of due process,the litigation efficiency principle and the debating principle,which is three basic modern concept of civil litigation value. Civil valuesare the cornerstone of civil litigation system,and perfection of our default judgmentshould be based on the above ideas.Part V: The problems and perfection of our default judgment.The part startsfrom the law,and analysis the current legislation in China. Further explaining theproblem on the default judgment in the design concept and system.Finally, findingthe way to improve it. Based on our national conditions, the author suggests that onepart debate judgment should be the basic principle and trial by default judgmentshould be the supplement in default judgment system in China.And putting forwarda four-point proposal in terms of specific system ‘s construction. To construct thesystem of default judgment, effectively play its role and achieve their objective valuePart VI: Conclusion. Summarizing the research results of the article.