Research On The System Of Civil Default Judgment In China

With the development of economy and culture,the social relations are becoming more and more complicated,and the civil litigation cases accepted by the court are increasing day by day.The law gives citizens the right to participate in litigation,but not every citizen can actively exercise their litigation rights.For the reasons of personal subjective factors and social objective factors,the phenomenon of the parties’ absence from the trial is becoming more and more serious.At this time,in order to solve the phenomenon of judicial order disorder and procedure unfairness caused by the parties’ absence from the court hearing in practical judicial practice,as well as to improve judicial efficiency and reduce the pressure of the court,the default judgment system came into being and gradually developed into an important litigation procedure in the development process of civil litigation.At present,although there are relevant definitions for the system of default judgment in China,it is also very simple,with only three clauses to briefly describe the application of the system of default judgment in China.By comparing with other countries of common law system and civil law system,it is not difficult to find that China’s current provisions on default judgment are still very one-sided,and it is not enough to provide good operability for judges in the trial of cases.When a judge actually tries a case,there are no clear provisions on the definition of specific concepts,the procedural requirements that should be followed,the way of evidence review and the way of remedy,etc.,which may lead to different hearing standards,which is not conducive to the establishment of judicial prestige and the guarantee of judicial work.To effectively prevent the occurrence of the above situation,at the same time stick to civil procedure justice and entity justice,the author thinks that to perfect our civil judgment by default system is very necessary,therefore,this paper respectively from the four part analysis the present situation of the civil litigation system in our country,gradually combining with theory and its practice,comparing with reference to the regulations of other countries,to find out the more effective,more in line with the perfection of its own national conditions.First,practice is based on theory.Starting from the theoretical root of the default judgment system,this paper will deeply analyze the basic theory of the default judgment system and lay the foundation for the following text.Secondly,by learning the advanced nature of the default judgment system in other countries,we can learn from each other and reflect on what our default judgment system can learn from.Thirdly,it analyzes the defects of the default judgment system in judicial practice.Finally,in view of the existing deficiencies,combined with advanced theories,the paper summarizes Suggestions for the improvement of default judgment system,which will include the legislative concept,starting elements,evidence review method,remedy approach and improvement of relevant supporting systems.