Research On The Default Judgment System Of Civil Procedure Law In China

The default judgment system is an important part of civil procedure.The system still some deficiencies in the legislation,the judgment by default in the judicial practice operation is not smooth,can not fully guarantee the litigious rights of the parties.Therefore,it is necessary to analysis the status quo of judgment by default system and combining the legislation can be drawn lessons from outside,constructive Suggestions are put forward on the system of judgment by default sound,so as to break through the existing predicament,better realize the value of the system.In this paper,the basic theory of absentia judgment is analyzed and elaborated,and the judgment system of absentia is analyzed comprehensively.In addition,the present situation of the default judgment system in China is analyzed,including the legislative provisions and the main problems of judicial practice and the reasons.Finally,by comparing and analyzing the extraterritorial legislation,in order to gain enlightenment to our country judgment by default system and relevant policies and procedures perfect puts forward constructive opinions and practice.For example,after the delay of the trial period and the remedy procedures,the plaintiff maliciously caused the regulation of the default judgment.