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缺席判决制度作为民事诉讼的一项重要制度,其价值在于维护公民合法权益、提高诉讼效率和保障正确行使审判权。然我国新《民事诉讼法》关于民事缺席判决制度的立法规定依然有些粗疏而简单,使得在理论认识和审判实务中出现认识分歧,为此有必要在端正理论认识的基础上对其操作程序加以改革和完善,设置有效的救济制度保护缺席当事人的合法权益,维护实体公正。
The system of absentee judgment, as an important system of civil lawsuit, has the value of safeguarding the legitimate rights and interests of citizens, improving the efficiency of lawsuits and safeguarding the correct exercise of judicial power. However, the legislative provisions on the system of civil absenteeism in our country’s new “Civil Procedure Law” are still somewhat crude and simple, which leads to the differences of understanding in theoretical knowledge and trial practice. Therefore, it is necessary to base their understanding of the correct theory on their operational procedures Reform and improve, set an effective relief system to protect the legitimate rights and interests of the absent parties, and safeguard the fairness of the entity.