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The Research of the Civil Default Judgment System in Our Country

Author: JinMingHui
Tutor: JiangJiYue
School: East China University of Political Science
Course: Procedural Law
Keywords: Default Judgement Default judgment system ism One party debating ism Objection system
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 33
Quote: 0
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Abstract


The civil default judgment is made by the trial judge according to certain rules of law when the defendant or the plaintiff who is refused to withdraw does not attent the trial,causing the trial cannot realize between the parties .With the fast development of economy, the rapid of population fluidity is faster and the number of the group dispute is higher.As a result, delivery of the judicial documents becomes more and more difficult. All of these led the number of the civil default judgement straights up, so building effective and reasonable default judgement system is already imperative. Perfect default judgment system ensures the fair verdict of the case to be made,and it is effective means to improve the efficiency of lawsuit.Besides, it is an important party of the whole national civil legal system,which must be pay more attention to. The other countris in the world have poured a lot of passion and the painstaking care into the design of the default judgement system,forming a relatively independent process .However, the attitude of our country to default judgement system is more or less indifferent, only using several rules to summarize the whole content of the default judgment ,the technical roughness of legislation on the default judgment has led to the existence of larger defects on this process,bringing many prombles to the judicial practice and the judges. By making a thorough inquiry to the development history of default judgement system and introducing the related regulations ruled by the foreign countries ,the paper points out the present situation of the default jugdement system,and puts forward concrete conceit and proposals to perfect the default judgment system in our cuntry . Beside the preamble and peroration, the thesis is divided into four parts:The chapter one is about the interpretation of the value orientation of the default judgement system.Manifesting the concept and theoretical foundation of the default judgement system,comparing the two modes of it,and then identifying the strengths and deficiencies of these modes .Explore the function of default judgement system.Finally,point out the relationship between default jugdement and the civil action principles: equality principle , disciplinary principle, debate principle .The chapter two is the examining of the default judgement system.Introducing the development of this system in overseas and its history in our country,describing the present judicial situation of it.The chapter three is the analysis of the existing problems of civil default judgement system in our country.One is the legislation of this system is too simple;then the origin of the system is not correct;the default judgement system lacks reasonable relief approaches,at last, due to the chaos of the default judgement system,it cannot lead to the judicial practice,making the judge puzzled.The chapter four is analyzing the defects of the civil default judgement system,putting forward improvement suggestions to perfect the default judgement system.First,perfecting the default judgment system of our country according to the other related theories,pointing out the application conditions of the public announcement system.,standarding the defense and pretrial procedure system,establishing the system to prevent default from emerging. Second, perfecting the default judgment system according to the default judgment itself,inclouding choosing the suitable mode in accordance with different situations,examining the condition of raising objection strictly,making judgment in time by common procedure,setting out the no respond system reasonly,pointing out the conditions of applying to the default judgment,formulating rules of evidence in the default judgment,giving clear criteria of proofs for the default judgement and setting up the relief mechanism of the default judgment.ect.

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