II. What should I do if the litigant in civil litigation fails to appear in court after being summoned by summons? According to Article 13 of the Civil Procedure Law, if the defendant refuses to appear in court after being summoned by a people's court without justifiable reasons, he may make a judgment by default. According to the provisions of Article 129 of the Civil Procedure Law, if the plaintiff refuses to appear in court after being summoned by the people's court without justifiable reasons, he may be dismissed; If the defendant files a counterclaim, he may make a judgment by default. According to the spirit of Articles 129 and 13 of the Civil Procedure Law, if a legal representative and a third party are summoned by a court summons and refuse to appear in court without justifiable reasons, they can also make a judgment by default.
three kinds of divorce cases cannot be handled because the whereabouts of the parties are unknown. 1. Two kinds of announcement methods are applicable at the same time. "The public announcement may be posted on the bulletin board of the court, the original domicile of the addressee, or published in a newspaper; If there are special requirements for the service mode of the announcement, it shall be handled in accordance with the requirements of the service mode of the announcement. After the expiration of the public announcement, it shall be deemed to have been delivered. " In the trial practice, the announcement of divorce cases can be served by publishing an announcement in a newspaper and posting an announcement on the bulletin boards of public gathering places such as the residence of the plaintiff and the defendant's immediate family members and the neighborhood committees and village committees where they live. If the defendant's whereabouts are really unknown, the default judgment will not have adverse consequences; If the plaintiff conceals the truth, the defendant's immediate family and friends will try their best to inform the defendant; If one of the husband and wife creates the illusion that their whereabouts are unknown, the neighborhood committee or village committee where the plaintiff and the defendant live or their creditors can declare relevant information to the people's court to prevent the parties from evading the law by false divorce. 2, clear the proof standard of whereabouts. When hearing a divorce case, the plaintiff may be required to submit relevant certificates of missing issued by grassroots organizations such as neighborhood committees and village committees where the original defendant and his immediate family members live, and combined with the plaintiff's statement, the defendant's whereabouts are comprehensively determined to be unknown. 3. Carefully divide * * * and property. In the current trial practice, there are two common ways to deal with divorce cases: one is to award part of the husband and wife's property to the defendant according to the husband and wife's * * * *, and hand it over to the plaintiff for safekeeping. One is that the husband and wife will be awarded half of the property to the defendant, but the property belonging to the defendant will be paid to the plaintiff to offset the child care fee. Both of these practices have disadvantages: the former protects the legitimate rights and interests of the defendant, without considering that if the defendant no longer exists, it will not be conducive to protecting the legitimate rights and interests of the plaintiff; The latter protects the legitimate rights and interests of the plaintiff, without considering that if the defendant does not appear in the future, it will damage the legitimate rights and interests of the defendant. Therefore, according to the specific circumstances of different cases, when dealing with property, the court should judge that the husband and wife are the same, half of them are owned by the plaintiff and half by the defendant, and half of the defendant's property is kept by the plaintiff. The child support can be offset with part of the defendant's property according to the amount of support that the defendant should bear. When a people's court hears a case, if one party refuses to appear in court, it can only ask the other party in court, verify the evidence and hold a hearing. After examining and verifying the indictment or defense statement and the evidence submitted by the party who did not appear in court, a judgment by default may be made according to law under the condition that all the facts of the case are ascertained. Judgments by default have the same legal effect. If the parties are unable to appear in court, including carefully dividing * * * and property, clarifying the proof standard of missing, and applying two kinds of announcement methods at the same time, if the defendant refuses to appear in court after being summoned by the people's court without justifiable reasons, he may make a judgment by default; If the legal representative refuses to appear in court after being summoned by the court summons without justifiable reasons, the judgment can also be made by default.