我国缺席审判制度的改革

On the Reform of China's Trial by Default System

缺席审判是指法院在一方当事人缺席时所为的审判。我国现存缺席审判制度的缺陷表现在 :当事人的程序选择权受到限制 ,既有违诉讼的程序正义又不利当事人权利的实现 ;立法的操作性差、诉讼率低下 ,违背民事诉讼当事人地位平等的原则 ;缺席判决由法官主动依职权作出 ,侵犯当事人的诉讼权利。我国缺席审判制度改革时宜采用一方辩论判决模式 ,完善缺席的认定标准、缺席的正当理由。

Trial by default is the trail when the other party does not appear. The deficieney of our present default system shows that the party's right of choosing procedure is restricted, Which is either contrary to procedure justice or disadvantageous to the party's right; Moreover the deficiency also includes that its legislation can't be properly operated; it has poor litigational efficiency. Notieeably, the default judgment is given by judge's discretion so that the party's litigational right is violated. This article suggests that the ex parte debate judgment mode should be used in reforming Chinese trial by default system. The legislation of trial by default should be perfected in the aspects of the standard of identifying the default, the justified reason of default,the instituting of ex parte debate procedure.