A Study On Self-admission System Of Civil Procedure

Self—admission, as an important system that is beneficial to the realization of fair justice,the rising of litigation efficiency, and the increase of litigation beneficial result, has been paid much attention to by theory circles and practice circles of a great deal of countries in the world. What's more, these countries have constructed fairly perfected litigation system. However, in our country, backwardness and deviation of theoretical study, simplicity and disorder of legislation, arbitrariness and confusion of judicial operation to self—admission system is not suitable to successful conduct of civil procedure activities and current reform of civil procedure. Based on thorough and careful theoretical analysis of self—admission system, in this article, the author analyzes the functioning condition of self—admission system and reasons for this condition in our country by comparative investigation of self—admission system existing in the main countries and region of the two legal families. At last, this article constructs Chinese self—admission system of civil procedure which not only follows fundamental jurisprudence of self—admission system, but also suits objectively social condition in our country, and at the same time reflects developmental trend of civil procedure of oversea countries. This article consists of four parts.Part one. The theoretical analysis of self—admission system. Firstly, this author analyzes in this part the basic implication of self—admission——restricts the definition of self—admission and the difference between this definition and other related concepts. Secondly, the author discovers the established factors of self—admission. Thirdly, the author explains the effects of self—admission on court and both parties in a lawsuit. Then, the author emphatically discusses the theoreticalfoundation of self—admission system. In the end, the author studies the basic function of self—admission system. In this way, it can be said that part one provides a primary theoretical base for developing the topic.Part Two. The comparative investigation of self—admission system. In this part, the author arranges the great of materials that can be collected by the author and minutely investigates the self—admission system in the main countries of the common legal family and the in the main countries and region of the civil legal family from the angle of comparative law. Based on this arrangement and investigation, the author makes a summary about the quality of self—admission and the variety of self—admission, thus giving a good deal of enlightenment as to the construction of self—admission system in China.Part Three. The analysis of the functioning condition of the self—admission system in our country. In this part, the author gives a minute comment on self—admission system in our country and its functioning conditions by way of summarizing those legal norms that has ever been provided in our country concerning self—admission system of Chinese civil procedure, and thoroughly analyzes from various angles the reasons that cause the above mentioned conditions.Part Four. The conception of the Chinese self—admission system of civil procedure. In this part, the author explains the feasibility, the importance and the basic train of thought in constructing our country's self—admission system of civil procedure. And the author carefully analyzes a few questions of principle that should be paid particular attention to in the construction of our country's self—admission system of civil procedure. Using the above explanation as a premise and the analysis as a foundation, the author constructs a series of specific systems which are closely connected to self—admission system.