Other summary procedure such as appellate summary procedure, procedure of trial by default, speed suit procedure, and prosecuting discretion are not established either.
Manycountries have detailed rules of trial by default. According to the rules in modernforeign procedural law, there is some difference on the definitions, constitutionconditions and objection procedures.
The world other various countries civil procedure laws generally all the trial by default procedure will do for the independent procedure specially performs to stipulate, but the our country civil procedure law will only have several articles about the trial by default procedure stipulation, certainly will not be an independent procedure, did not call will be one kind of system.
Because in trial by default procedure legislation technology roughness, caused this procedure to have the serious flaw, concrete table present: To original, absente reo different processing consequence, has violated the litigant equal principle and the fair principle;
In our country, only the procedure, which hears simple civil cases in the basic - level court and People' s Tribunal, is regarded as summary procedure. And the concept and applicable scope of summary procedure is so narrow according to our country' s traditional theory. So the research and development of our country' s summary procedure is restricted by this comprehension. Through comparative study of systems and concepts of summary procedure in different countries, the author demarcates extensively the con...
The principle of participation is a basic principle of the criminal procedure. But in order to accelerate the procedure,the modern countries provide the trial by default system in criminal procedure. The Chinese criminal procedural law is lack of the trial by default system and it is essential to establish such system by learning from other countries.
There are three different situations of default in litigant practice. But Civil Procedure Law prescribes one of them which uncovers the defect in the legislation. To improve the system of judgment by default, contents adopted are the system of prevention and relief and specific process for handling the judgment by default.