The Theories Of The Civil Admission System

The civil admission system,which is an inevitable outcome of the litigious pattern of adversary system, differentiates the admission in lawsuit from the admission outside lawsuit. Its heart is the rules about the admission in lawsuit. The civil procedural laws of some nations in the European continent and the evidence laws of some nations of Anglo- American law system prescribe the civil admission system. The admission system of China has been basically established by means of the rules about civil procedural proofs by the supreme people's court, but it must be speedily improved. The birth of the Chinese admission system is the fruit of the Chinese judicial reform. It is also the epitome of the development of China tending towards civil society in modern meanings.The researches into the emergence of the Chinese admission system help understand the reciprocal effect between economic base and superstructure or between each part of superstructure. The thesis attempts to avail itself of some sociological theories to study the admission system of China from various angles. It is mainly divided into four parts.The first part is a theoretical exploration, which makes an effort to prove the admission system just, reasonable and inevitable through litigious psychology, legal economics and political philosophy. The litigious psychology is applied to expound why a litigant is possible to make an admission. The legal economics is applied to explain why civil action with the admission system is more efficient than one without the admission system. Political philosophy is applied to clarify why the admissionsystem cares litigants' individual rights and liberty.The second part, which focuses on comparing laws from different countries, introduces and analyses the admission systems of U.S.A, Britain, Japan and Chinese Taiwan. It tries to make good theoretical preparation for the exposition later about how to improve Chinese admission system.The third part illustrates the history and present condition of the admission system of Chinese Continent. It analyzes why the Chinese admission system didn't come into being until 2001.The fourth part explains the admission regulations of the rules about civil procedural proofs by the supreme people's court. It points out the defects of the Chinese admission system and elaborates how to remedy them. At length the thesis predicts the future of the Chinese admission system.