Unjust, false and wrong case analysis, omission of parties in the original judgment or illegal default judgment, how to deal with the second trial

2022-06-06 0 By

Hello, I’m Jerice.People who have studied procedural law often have the idea or the idea that the procedure is as important as the entity, or even more important than the entity.Of course, this point of view will be opposed by a lot of people, but there is no way, procedural law professional people must think that the procedure is important, otherwise learning procedural law is meaningless.Client is lawsuit main body, is the main part of the responsibility, is a very important part in the proceedings, therefore, if the original judgment missing out on the parties, the equivalent of depriving the lawful rights and interests of the parties, in this case, the parties may not participate in the trial, no appeal relief program, therefore, it belongs to a serious violation of the program.In this case, the court of second instance needs to cancel the original judgment and remand the retrial, and the court of second instance cannot directly add the parties.Default judgment is a method that is used in many cases, also called trial by default.Because sometimes, the court can not always contact one party through a variety of ways, after the application of the other party can use the way of public notice service.