Research On The System Of Civil Default Judgment Of Defendant

Judgment inter parties is the normality of of Civil Procedure, default judgment is the exception. with the development of society, a party is usually absent, in order to promote the proceedings, the system of default judgment come into being. This system play an important role in modern civil litigation, this paper discuss the current trial system of China. from the perspective of absence of defendant. The paper mainly expound this problem from the following four sections:Firstly, the part introduces the basic theory of the system. We could understand the system and the value of the function of the system of default judgment through introducing the meaning and characteristics of this system. Now the default judgment is aimed at promoting litigation smoothly, more focusing on the protection on both sides of the litigation rights, and realizing the justice of form and substantial of litigation.Secondly, this part introduces the foreign countries’ legislative mode of the system of default judgment. We analyses the legislative model of two law systems by introducing the foreign countries about the regulation of the system. Default judgment doctrine and debated by one party differ widely, but both are designed to protect the litigation rights,prevent litigation delay, pursuit the justice of the litigation. These lawsuit value is indispensable experience to perfect the system of our country.Thirdly, this part introduces the reality and defects of the system of default judgment of our country. This part mainly introduces the regulations of the present laws of our Country about the system of default judgment, and analyzes the flaws of the system.And defects mainly include the neglect of the rights of the accused, the absence of applicable procedures and conditions, delivery problems and single remedy approach.Last but not least, the fourth part introduces the perfection of the system of the system of default judgment in China. This part mainly perfect the system from the three aspects on on the basis of our country’s current national conditions and combining with the experience of advanced countries outside: confirm the trial mode of legislation; perfect the related laws; perfect the supporting facilities of the trial by default. We should regulate the specific provision of applicable procedure in the legislation such as,insisting on the equality of litigation rights, defining the applicable procedure of the system of default judgment, constructing the essential rules of evidence, and perfecting the remedy. We should perfect service system, build the compulsory defense system and punish mechanism when the plaintiff abuse litigation right in the jurisdiction.