The mechanism of hearing civil cases is generally based on the principle of two opposing seats,but with the rapid development of the economy and society and the acceleration of the frequency of population movements,the phenomenon of parties ’absence from court hearings has intensified.In order to solve this unbalanced trial situation,promote the smooth progress of the litigation process,and protect the legitimate rights and interests of the parties,the civil default judgment system was established.Looking at the current situation,the civil default judgment system has brought about remarkable achievements in resolving civil disputes,but the existing problems in the operation of the system in judicial practice cannot be ignored.In-depth study of the legislative provisions of the civil default judgment system,we can find that the long-standing problems have not been resolved,such as the legislative model of the system;the unequal provisions for the absence of parties.Not only that,by observing and analyzing the current status of the system in judicial practice,we can know that the mode of delivery is misused;the definition of "absence" is ambiguous;the standard of evidence review in civil default cases has not been unified;Supporting relief mechanism has not been constructed and son on.These questions always affect the judgment of the trial personnel in the absence of a civil case.In order to promote the improvement of judicial efficiency and take into account the equal protection of litigation rights of the parties,the author especially conducts an in-depth study on the supporting system of civil default judgments,in order to find a breakthrough point that removes the obstacles to the operation of the system,and try my best to further improve the civil default judgment system.Thus,the author will study the civil default judgment system from four perspectives:First,the knowledge about theory.By expounding and studying the theoretical system on which the civil default judgment system is based,and analyzing types of judgments with similar connotations,it is helpful to accurately define the nature of the civil default judgment,and it is also possible to ascertain the legal intention of the civil default judgment system.Second,the current situation of system operation.We should make a brief overview of the development process of the civil default judgment system since its establishment,focusing on illustrating the key contents of the system reform;then,starting from the latest judicial cases,analyzing the current judicial personnel’s standard for determining the absence of the parties in the case trial,and objectively analyze the cases cited;finally examine the procedural treatment made by the court to the absent parties,and analyze the obstruction of the civil default judgment system in judicial practice.Third,extraterritorial judgments.In this part,the author analyzes and compares the main contents of civil default judgments in extraterritorial countries,and summarizes the legislative experience and authoritative academic views of extraterritorial judgments and litigation systems,in order to provide excellent reference materials for improving the domestic civil default judgment system.Fourth,the arguments.The last part is mainly to explore and solve the existing system problems of the civil default judgment system,and make a strict argument on it.For example,equally regulate the absence of parties;the operation regulation of the method of serving the announcement;the establishment of the objection relief mechanism to make up for the injustice defects in the civil default judgment and so on. |