A Disquisition On Confession Rules Of Civil Procedure Law

Whether in common law system or continental law system countries, confession is a very antiquity and important evidence rule of litigation and confession is an antiquity principle in China as well. On the base of summing-up academic in existence, and the experience of judicial practice, the author gives some point of views of his own on how to construct the confession rules to promote the development of theoretical research on confession and make use of the confession rules in judicial practice. On the base of introducing the historical development of confession in China and Western countries, the author points that legislation and jurisdictional interpretation are lacks of comprehensive and systematical regulations on confession in our country. The author illustrates the definition of "confession" and the significance of establishing confession rule and analyzes the property of confession and its function as well. The countries of both two-law systems have undertaken certain design in the systems and formed standard and systematic confession rules. It will be of great help for the scientific construction of confession rules in our country to make legislative comparison between common law system and continental law systems. Some parts of the dissertation are about the construction of confession rules in our country. After analyzed the present situation of confession rules application in China, the author points out only by basing on Chinese national condition, gradually push forward orientating confession rules, can the construction of confession rules be achieved in our country. The author illustrates the constitutive requirements of confession rule, the basic characteristic of confession rules, the effect of confession, the withdrawal of the confession at the end of the dissertation.