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缺席审判是当事人一方未到庭法庭依法继续进行审理的制度。公正与效率是司法改革的基础,实现诉讼公正和诉讼效率也是是民事缺席审判制度的两大法理基础。缺席审判制度体现了诉讼公正价值对诉讼制度设置的基本要求,体现了法律在民事诉讼程序中对公正价值的追求和遵守。本文指出缺席审判制度的价值还同时体现在节约诉讼成本,提高诉讼效率,追求诉讼时间的经济性。
Absence trial is a system in which one of the parties fails to go to court to continue the trial according to law. Justice and efficiency are the basis of judicial reform. Realizing the justice of lawsuit and the efficiency of lawsuit are also the two legal bases of civil absence trial system. The system of absence trial reflects the basic requirements for the setting of litigation system by the fair value of litigation and reflects the pursuit and observance of fair value by law in civil litigation. This paper points out that the value of the default trial system is also reflected in the cost savings of litigation, the efficiency of litigation and the economy of litigation time.