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The History and Enlightenment of Civil Default Judgement

Author: LiuYanFeng
Tutor: DuanWenBo
School: Southwest University of Political Science
Course: Civil Procedure Law
Keywords: Absent Judgement Compare Procedural History Revelation
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 57
Quote: 0
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Abstract


Default Judgment system is one of the basic system of civil law, although since 1982, \Section 130 and Section 131 pairs Default Judgment regime a number of provisions, but provides a relatively simple, rough. Because of these problems, so the judicial practice departments often appear a default judgment can not apply for a default judgment, but repeatedly carried subpoena, or delay the trial, no doubt, will certainly restrict default judgment system itself fulfilling its functions. Current academic research on civil default judgment system many articles, but few people in the history of the Civil Procedure Law of Comparative perspectives on common legal basis behind, giving our civil default judgment Reform provides inspiring views. This article tries to analyze comparative Litigation History Roman period and three lawsuits after the victory of the bourgeois revolution in civil default judgment Two Schools National Reform process behind a common legal basis, while countries default judgment on different systems and regulations However, the legal basis behind it, but there is a certain commonality. Such as, have stressed efficiency of the proceedings, the pursuit of justice, and litigation on the parties the right to equal protection. Although countries have different national conditions, but in the process of development of human history, will gradually form some countries apply universal values. Default Judgment system is the legal basis of the three, but also the development of the system of general law. Therefore, China's system of civil default judgment in the process of reform in the legal basis of the above as a guide with the feasibility of reform, but also has a necessity. Text is divided into four parts: the first part of the default judgment system Research methods and comparative history of the introduction of procedural law. This section mainly describes our current system of civil default judgment situation and analyze existing research methods, this paper proposes methods to compare the procedural history of the significance of research and explain the reasons for the selection below. The second part, the Roman system default judgment Historical Investigation and enlightenment. After a three lawsuits Roman period, although its default judgment system there are many shortcomings, but has experienced three stages of reform, gradually highlights its procedural rights of the parties to the equal protection and litigation impartial pursuit. The third part, the modern two legal state system default judgment Historical Investigation and enlightenment. Analysis of the some of the major British, American, French, German, Japanese five countries after the victory in the bourgeois revolution, civil default judgment against regime for several reforms, although national regulations are different, but the deeper they are consistent legal basis . Embody the efficiency of the proceedings, focusing on litigation justice, right to equal protection of the rights of both parties. The fourth part of the Chinese civil default judgment reform trend. In the second and third part, based on the above analysis, summed up in a common legal basis for the reference analysis of China's civil default judgment system deficiencies, and on this basis, in order to improve efficiency of the proceedings, focusing on justice and equal protection litigation parties as the goal, the absence of the plaintiff, the defendant absent, the original defendants were absent, the absence of a third party discussed the situation and put forward some suggestions for improvement. And proposed the absence of the plaintiff, whether to permit withdrawal, must obtain the consent of the accused. In order to ensure as much as possible to achieve justice proceedings, shall establish a limited objection relief system.

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