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Civil Default Judgment research

Author: HuYuWei
Tutor: QiuXingMei
School: China University of Political Science
Course: Procedural Law
Keywords: Absence Trial in absentia Basic Mode Default judgment Party debate '
CLC: D915.2
Type: Master's thesis
Year: 2006
Downloads: 273
Quote: 2
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Abstract


The trial in absentia system is a civil action in a specific system, to some extent, reflect a country's mode of action and litigation value orientation. As early as in the period of Roman law, in absentia system has been generated through a long course of development, including the \Retrospective historical changes and development trajectory of the system of trial in absentia is all mapped out the light of the theory of action and program value. In many countries of the world are on trial in absentia program made a detailed and comprehensive legislative provisions overview of modern foreign Civil Procedure Law of the Default Judgment, there are varying degrees of difference in terms of concepts, components, and objection procedures. This difference is reflected not only the differences of the countries on the legal culture, legal traditions, and more a reflection of a country where appropriate, with the trade-offs between the different modes legislation and litigation value orientation. 129 to 131 of the Civil Procedure Law also absent from one of the parties should be how to deal with makes provision. However, China's system of trial in absentia both in theory and in practice all play a very small role, theorists did not form independent doctrine and system, practitioners who stress that the objective truth, judges rarely apply, so Default Judgment of trials in absentia Perfection is of great practical significance. This thesis is divided into six parts. Introduction: an overview of the trial in absentia system of theoretical and practical significance, the Default Judgment content and the misunderstanding, the purpose and significance of writing this article. Chapter One: Trial by Default System overview. An overview of the concept of a trial in absentia, a brief review of trials in absentia trial in absentia default judgment made a distinction between the course of development. Chapter II: Trial by Default System jurisprudence. The legal basis of the trial in absentia proceedings justice and litigation efficiency, scientific and rational system of trial in absentia helps the unity of Justice and litigation effective. Default Judgment in two modes: a default judgment and a debate on doctrine, these two modes have their own characteristics, are of great significance to build a trial in absentia system. Chapter: Default Judgment Legislative Inspection and Evaluation. System of trial in absentia of the United States, Britain, Germany, France, Japan, and made the appropriate legislation to require evaluation and analysis, and laid the foundation for further analysis of trial in absentia system defects and improve our trials in absentia system. Chapter 4: Trial by Default System in China Analyses and Improving. Recognized standard of a trial in absentia system is neither party debate 'mode, it is not the default judgment mode, program design contrary to the basic idea of ??civil litigation, mainly in: the plaintiff, the accused discriminatory contrary to the principle of egalitarianism; \have appeared in court, rather than whether the debate, contrary to the the Civil Procedure debate principle; due to the ultra terms of reference

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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