Legal subjectivity:
What should the defendant do if he does not appear in court? 1. If the defendant does not appear in court, he will usually be tried in absentia, and the judgment will be made directly according to the plaintiff's claim and the evidence submitted. 2. Civil Procedure Law Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default. A few days ago, the People's Court of Gangnan District, Guigang City, Guangxi concluded a private lending dispute in accordance with the law. The defendants Meng Xfang and Meng Xming were sentenced to return the plaintiff Meng Xfu's loan of 51,111 yuan and bear the case acceptance fee of 525 yuan. Meng Moufu is friends with Meng Moufang and Meng Mouming. On October 3, 2114, Meng Mofang and Meng Mouming borrowed 51,111 yuan from Meng Mofu. After Meng Moufu delivered the loan to Meng Moufang and Meng Mouming in cash, Meng Moufang and Meng Mouming immediately wrote a debit note and handed it to Meng Moufu for receipt. The loan stated: "I, Meng Mofang, lend Meng Mofu fifty thousand Yuan only, RMB 51,111 Yuan only, and borrow for three months". Meng Mofang and Meng Mouming both signed the IOUs as borrowers. After the loan expired, Meng Moufu repeatedly failed to collect money and appealed to the court. Meng Mofang and Meng Mouming did not make a written defense, nor did they submit evidence to the court. After being summoned by the court summons, they refused to appear in court to participate in the proceedings without justifiable reasons. After hearing the case, the Gangnan District Court held that the legal loan relationship was protected by law. Meng Moufang and Meng Mouming borrowed money from Meng Moufu, and issued a debit note to Meng Moufu, and the two sides formed a legal loan relationship. Meng Moufu provided a loan of 51,111 yuan to Meng Moufang and Meng Mouming according to the contract. Meng Moufang and Meng Mouming should return it in time as agreed, but their failure to return it is obviously a breach of contract and should bear the corresponding liability for breach of contract. Meng Moufang and Meng Mouming refused to appear in court to participate in the litigation without justifiable reasons after being legally summoned by the court, which was a waiver of their right to appeal according to law, and the resulting legal consequences were unfavorable to them, so they should be conceited and make the above judgment according to law. The judge said that in this case, Meng Moufang and Meng Mouming refused to appear in court to participate in the lawsuit after being legally summoned, which did not affect the trial of the case. The court will make a judgment by default according to the existing evidence and the law. If Meng Moufang and Meng Mouming ignore the authority of the court, they will ignore their own litigation rights, and the final legal consequences will be borne by themselves. The law stipulates that according to the relevant provisions of the Civil Procedure Law, the judgment by default is applicable to the following situations: 1. If the plaintiff fails to appear in court or withdraws from court, the defendant may make a judgment by default if he counterclaims; 2. The defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court; 3. If the court ruled that the lawsuit was not allowed to be withdrawn, the plaintiff was summoned by summons and refused to appear in court without justifiable reasons; 4. The legal representative of the defendant with no capacity for civil conduct refuses to appear in court after being summoned by summons without justifiable reasons; 5. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court will announce and summon the debtor to respond after accepting the case. If the debtor still fails to respond to the lawsuit after the expiration of the announcement period and the loan relationship is clear, the judgment may be made by default after trial. During the trial, if the debtor runs away, his whereabouts are unknown and the loan relationship is clear, the judgment may be made by default. A judgment by default has the same legal effect as a judgment by presence. For the judgment by default, the people's court should also announce and serve the judgment to the absent party in accordance with legal methods and procedures, and ensure the full exercise of the appeal rights of the parties. Tips: Trial by default can only be applied to civil proceedings, and criminal proceedings cannot be tried by default. Legal objectivity:
Article 112 of the Civil Procedure Law. If the defendant who has to appear in court refuses to appear in court without justifiable reasons after being summoned twice by summons, the people's court may compel him to appear. Article 147 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default. Article 139 When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the court session. If the hearing is held in public, the names of the parties, the cause of action and the time and place of the hearing shall be announced.