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缺席审判制度是民事诉讼法的重要组成部分,是关于缺席审判发生条件、审判程序以及事后救济等一系列制度的总和。鉴于世界各国的历史传统、民族文化、法治理念等的差异,各国间对其理解仍存在较大分歧。无论是大陆法系还是英美法系的国家,缺席审判制度都在其本国的法律体系中占有重要地位,弥补了对席审判所留下的空白和不足,同时兼顾了司法公正和效率的价值要求,很好的处理了在司法实践中可能存在当事人缺席这一情况,使得整个法律体系更加健全和完整。我国刑事诉讼法对缺席审判制度未作明确规定,民事诉讼法虽有提及,但其立法观念陈旧、技术落后、可操作性差,缺席审判制度在实践中很难发挥其应有的功能和作用。本文在借鉴、吸收世界各国尤其是西方法治国家对缺席审判制度改革现状的基础上,以我国民事缺席审判制度为切入点,对缺席审判制度作一些初步探讨,以期能提高自身认识,为我国缺席审判制度的改革和完善提供积极建议。
The system of absentia trial is an important part of the law of civil procedure, and it is the summation of a series of systems about conditions of absentia trial, trial procedure and relief afterwards. In view of the differences in historical traditions, national cultures and the concept of the rule of law in various countries in the world, there is still a great deal of divergence in understanding among all nations. Both the civil law system and the Anglo-American legal system, the system of absence trial occupies an important position in the legal system of its own country, which makes up for the gaps and shortcomings left in the trial of the seats and at the same time takes into account the value requirements of judicial fairness and efficiency , Well handled the absence of the parties involved in judicial practice, making the entire legal system more complete and complete. Although China’s Criminal Procedure Law does not clearly stipulate the system of trial by default, civil procedure law has mentioned its concept of obsolescence, backward technology and poor operability. It is very difficult for the system of absence trial to exert its due function and function in practice . On the basis of drawing lessons from and absorbing the status quo of the reform of absence trial system in various countries in the world, especially in the western countries under the rule of law, this article makes some preliminary discussions on the trial system of absence from the perspective of civil absence trial system in our country, with a view to enhancing our understanding and abiding Judicial system reform and improvement provide positive suggestions.