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The Eivil Trial by Defaul of China

Author: LiGuanNan
Tutor: LiuJinHua
School: China University of Political Science
Course: Procedural Law
Keywords: Absentia Default judgment Party doctrine debate Litigation concept
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 84
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Abstract


Our civil justice system is the absence of an important institution. Ancient Roman times there is a Default Judgment bud, in the long historical process, gradually formed a default judgment in two modes: the default judgment and debate party doctrine, these two modes have their own advantages and disadvantages. Different times, different countries with their own national conditions as these two modes have learn and absorb, in order to fairness and efficiency, the program's stability and strike a balance between authority. China's current system of legislative provisions on trials in absentia, there are many defects: legislative provision is too simple, operability is not strong, resulting in confusion in practice operations; right \relief procedures. These problems exist, largely because the concept of civil imperfect, resulting in absentia in practice difficult to play its due role. Through the representation of civil law and common law countries absentia legislative visits, improve civil concept, put forward on the basis of the absence of a sound judicial system specific ideas. This paper is divided into four chapters: The first chapter is an overview of the judicial system in absentia. First, from the absence of that standard paper argues that we should establish the real sense \two modes of the judicial system to be introduced to analyze its strengths and weaknesses. Then it focuses on analysis of the theoretical basis of the absence of the trial system, calling for establishing real debate doctrine, and dispose of egalitarian doctrine, finally introduces absentia values, throughout the history of the development of the system can be found in the proceedings it has been fairly and find a balance between efficiency. The second chapter of the relevant national and regional legislative investigation absentia make a brief introduction. Describes the civil law and common law countries the absence of major countries and regions judicial system, civil law highlights Germany, France, Japan and Taiwan, the United Kingdom and the common law was introduced as the representative of the United States; and on this based on the analysis of the two legal state absentia similarities and differences in various litigation clearly established on the concept institutional differences. The third chapter is the institutional problems of trial in absentia Comment. Review of existing legislation, to understand China's relevant articles of law based on trials in absentia, then pointed out that China's current system defects absentia, to reform the Civil Procedure Law be amended when the issue. Chapter IV presents how to improve our absentia regime. This part is the core of the article. First pointed out that the concept of respect from the big debate on the reform of the principle of equality and disciplinary principles, to establish meaningful debate on doctrine, and dispose of egalitarian doctrine, and pointed to one of the debate should be established doctrine as the core, with the relevant conditions , the implementation of the default judgment and limitations objection system, and then proceed from the specific system construction, clear the nine aspects of small problems, I believe that when the much-needed reform existing legislation are the perfect place.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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