小议民事缺席判决（The Civil Default Judgment）.docVIP

小议民事缺席判决（The Civil Default Judgment） Refuses to appear in court, or from the court midway without permission, does not affect the trial of the case. If the peoples court decides to bear civil liability, the third party who has no right of independent claim shall have the right to lodge an appeal. Three, the defects of judgment by default Because of the uncertainty of the legislative concept, the system of trial by default in our country has obvious defects in the concrete design and practical operation. This is mainly manifested in: 1, too much emphasis on the power of the judge, the lack of respect for the partys status as the main body of litigation. In modern civil litigation, the litigant is considered as the main body to promote the proceeding. Although the decision is ultimately made by the judge, the party who promotes the judgment is the partys statement, proof, cross examination and debate, which lays the foundation for the formation of the verdict. This concept is embodied in the system of default judgment, which requires the principle of default judgment and should be made by the court present. In the system of trial by default in China, the judgment of default is made by the judge in principle. In fact, in the absence of one party, the other party does not necessarily wish to know the action by default judgment, and he may have the desire to settle the dispute by settlement or other means. Therefore, the court made a voluntary judgment without regard to the request of the party, which may not be in accordance with the wishes of the parties, thereby undermining the legitimacy of the judgment. 2, the discrimination between the plaintiff and defendant is not conducive to equal protection of the rights of both parties. Equality between the two parties is a basic principle in civil litigation, including the equality of the litigants position in litigation and the equality of the attack and defense of the parties in the lawsuit. In the system of trial by defau