| Adjudication in court is the normal regulation of civil procedure.Due to the continuous development of society and economy,one party fails to appear in court from time to time.In order to effectively promote the litigation process,the default judgment system came into being.At the beginning of the system design,in order to effectively stop the malicious absenteeism of the parties,legislators designed unequal litigation rights for both parties’ appearance in court and absenteeism from the perspective of "punishment".Because the application of default judgment has not been implemented strictly,and the design of relief channels for default parties is single,the default judgment system is not running smoothly in practice,resulting in high appeal rate of default cases and prominent contradictions.Through combing the current legal norms and analyzing 150 typical cases,it is found that our legislators’ regulations on default judgment are too general and broad,and there are some problems,such as vague definition of "default" behavior,nonstandard service procedures,subjective evaluation criteria of justified reasons,etc.,which lead to poor operability in concrete practice.Bound by the idea of "authoritarianism",the procedure starts and the judgment comes into effect,without fully considering the equal rights and disposition rights of the parties,which violates the basic principles of the Civil Procedure Law.Therefore,it is necessary to improve the system from the applicable conditions and remedies of default judgment.First of all,starting from the concept of program design,the principle of equality of the parties is established,and the realization of the litigation right of the parties is guaranteed to the maximum extent.Then,the mechanism of mutual restriction between litigation right and judicial right is constructed,and the procedure is initiated by the application of the parties,and the judge is a good referee.Then,improve and refine the provisions of the law,clarify the scope of "default" and standardize the applicable conditions of default judgment.Finally,build a complete relief system,set up different property obligations according to the default behavior,add limited objection relief,supplement the relief channels of the default defendant’s rights,and establish a civil default judgment system with Chinese characteristics. |
