刍议民事案件缺席审判之规范——从程序与实体的维度出发

Discussion on the Norm of the Default Judgment of Civil Cases——From the Proceeding and the Entity

民事案件缺席审判是弥补一方缺席而导致的非常态化审理模式的有益补充。缺席审判的功能在于保障审判权正常行使,实现诉讼制度所追求的公正与效益两大价值内核。现阶段,缺席审判遭遇诸多困境,制约了缺席审判制度功效之发挥。实践中,需进一步规范民事案件缺席审判,从程序与实体方面入手,确保缺席审判的正当性、公正性、高效性,实现法律效果与社会效果的统一。

The default judgment of civil cases is a useful supplement to make up for an unconventional trial mode due to the absence of a party. Its function is not only to protect the normal exercise of jurisdiction, but also to realize the justice and the efficiency that are the two core values pursued by the litigation system. Now there are many difficulties for the judgment by default which are caused by a variety of reasons and these difficulties restrict the efficacy of the system. In practice, it needs to further regulate the default judgment of civil cases from the pro- ceeding and the entity, so as to ensure the legitimacy, fairness, efficiency of the system, and achieve the unifica- of the legal and social effects.