On The Perfection Of The Civil Default Judgment

In recent years, with the continuous development of market economy, all kinds of legal disputes in China also increased significantly. From one point of view, is the rapid development of China’s economic performance, but from another side, also highlights the lack of judicial resources of this situation. In order to improve the efficiency of litigation, the limited judicial resources for maximum, efficient and fair treatment of all kinds of civil disputes, as well as the new era put forward higher requirements on the judicial work.Research on the civil trial by default system had to show in front of us. At the same time, according to the comparative study of law can be drawn, the developed countries have a clear and specific provisions of the civil trial by default system, to enhance the lawsuit efficiency. Compared with the developed countries, the regulations of civil our existing system of trial by default is thin and weak, not enough to support all kinds of cases in the judicial practice. China must face and solve problems in the way of building the rule of law in harmonious society.This paper on the legislative mode of our country civil trial by default system, analyzed the Chinese and foreign history of civil trial by default system, starting from the defects existing in our country, comprehensive reference of experience and tradition in the two law systems, in order to enrich our trial by default system theory, perfect the law system of trial by default, reconstruction of the system of trial by default, so as to meet the needs of the development of modern economic society.In addition to the introduction and conclusion, is divided into four parts, specific arrangement as follows:The first part, expounds the basic theory of trial by default system, first introduced the history of civil trial by default system, the germination period, the period of establishment characteristics explain. Secondly, to make a clear definition of the concept and characteristics. Finally, on this basis, put forward the unilateral review model and both review mode choice.Introduces the concept of feature of the two models and their developing process, and through the investigation of the two modes in the countries of two legal systems in practice, the merits of the comprehensive comparison of two models.The second part, this part mainly introduces the analysis of the system of trial by default. First introduced the civil law countries, the trial by default system as a whole, the introduction of the article by Japanese scholars, introduces the scholars of Taiwan area of our country the idea, the key part in Germany, France and Taiwan are introduced in detail in the civil trial by default system with legislation and regulations.Then the control analysis of the main choice of countries of Anglo-American law system. Emphasis on the details of the United States of America and Britain’s practices. Finally, comparison of two legal countries choice, despite the differences in their specific mode, but to enhance the lawsuit efficiency, prevent litigation delay, the pursuit of substantive justice as the value orientation of the final.The third part, the part is also one of the emphases in this paper. Is the analysis of the present situation of China’s civil trial by default system. First, the trial by default system of China’s civil from the two aspects of the legislative mode and scope of application of the legislation introduced briefly.On top of that, beginning from the defects in legislation and judicial practice of defect. Legislation on specific and detailed as defect defect, defect, remedy defects and related systems.In the judicial practice is mainly the defects on operational, identify unknown defect confirmed the relationship does not appear in court and admission and justification of the standard of review. After the defect, digging deep-seated reasons behind the debate principle defect, from objective reality, equality, trial, analyzes the disposition of the parties and judges the right angleThe fourth part, this part is another focus of this thesis, the specific act provided on how to perfect our civil trial by default system. On the choice of legislation mode, perfect the procedure conditions, relief to improve the existing system system establishment etc..In addition, suggestions on the diversification of civil trial by default procedures, the relevant provisions are the trial by default system of necessary joint action, joint action and the action of the third given suggestions.