Judgment by default is conducted while one of the parties has been absent, which has gradually come into being in the long run and formed two judgment modes of default system ism and one party debating ism.

In the current world, there exist two patterns on how to assume the liability for factual proof in administrate action: adversary system and exofficio system.

The adversary system,centering on party self-liability,reflects in civil litigation the liberalism of the 19th century.

It is the embodiment that the doctrine of function and power and the adversary system interlock.

In making sure of the parties concerned and producing evidence,it is a trend in the civil judicial reform of our country to observe the debate doctrine.

Interpretation right system plays an important role in amending the formalization of debate doctrine,confirming parties s litigation,and actualizing fair resolution of disputes.

Japan had different readings of the essence of principle of debate before and after World War II.

Principle of debate is the elementary of Civil Procedure Law.

If the purpose is to discover the trueness,the judge s clarification can be applied in the field of doctrine of adversary hearing and doctrine of disposition.

With the reform of the way of trial, the doctrine of adversary hearing was established primarily through the judicial interpretation of the Supreme Court.