Research on the Legal Regulation of Default Judgment in Civil Litigation in China—Based on the Analysis of Germany and Japan

Since the establishment of the civil default judgment system in our country, civil cases adjudicated by default have been increasing year by year. This system has played a significant role in resolving civil disputes. However, its application has also led to issues requiring regulation, including the provision that the plaintiff ’s absence can be treated as a withdrawal gradually evolving into a mandatory choice for judges in practice, the lack of reasonable legislative regulation regarding fact-finding in default trials, and the lack of conditions for the use of default judgments. This paper, through a comparative analysis of the different legal regulations concerning party absence in Germany and Japan and the specific provisions regarding the default judgment system in the civil procedure laws of these two countries, provides suggestions and improvements for the issues arising from party absence in civil litigation in our country at the present stage, in order to better safeguard the interests of the parties and the fairness and efficiency of judicial activities.