The Parties' Statements In The Civil Litigation

In the adversary litigation pattern, the parties are the subject of civil procedure, who are entitled to argue and dispose of their own benefit through some suit actions. The parties' statements are one of the most important civil suit actions, which have great position in the civil procedure. Accordingly it is obviously necessary to make a theory research on them. In the meantime, the parties are regarded as the most important witness in the Common law family and the deposition for party concerned is legislative type of evidence, but the parties don't belong to the witness in the Continental law family. The parties' statements are also an important suit evidence in China, the ex-Soviet and the east-European Socialist Countries all through the ages. In a word, the parties' statements are part of evidence information. This thesis has explored the parties' statements from the view of function based on the parties' double roles in the civil litigation. What's more, it has expounded the auxiliary rules of this system deeply.The first part is the general program of this thesis, which analyses the parties' statements' meaning, character, subject, types, content and so on. It also explores their functions and relationship with the civil litigation basic theory. It points out their three main functions, which are the ones to explain the matter of suits, to prove the matter of suits and to indicate the degree of trust.The second part details the parties' statements as evidence information. It points out the main shortcoming existing in China's civil evidence legislation and observes the deposition rules for party concerned in the Continental law family, especially in the Germany. On the base of it, the thesis draws on the experience of the foreign advanced legislation and shows the reasonable measures to perfect the rules of the parties' statements according to its defects.The third part looks into the admission as suit action and analyses deeply the basic problems such as notion, character, essential factor and so on. On the base of it, the thesis discusses further the classification and validity (including its exceptions) of the admission. Simultaneously the author mentions the legislative proposals of perfecting the admission institution in the China's civil procedure.The fourth part makes a concrete study on the surrounding rules of the parties' statements, including the parties' obligation to state in good faith and the rule of estoppel, the judge's right to explain and the rule of free proof with intimate conviction in order to make them in harmony with the system of the parties' statements.