Research On The Parties' Statements In Civil Litigation

Civil action is actually a dispute resolution mechanism. It considersall the participators'activities to find a way to solve the dispute.The reason why the conflict is dealt with legitimate is that the judgescan ascertain the facts of a case according to the evidence which canreflect the facts. Ascertaining the facts of a case is a precondition forthe judges handle disputes equitable. So it is obvious to see theimportance of evidence. At present, under the background of lawsuitexplosion, the judicatory subject of equity and efficiency, how to useevidence properly and effectively becomes a grand and urgent problem.The parties' statements is one of the seven kinds of evidence at bar,so it is supposed to be used and taken into account as important as otherevidence. however, because the civil action legislation's imperfectionin our country, in addition, The parties' statements is different fromother kinds of evidence, so it is in a dilemma in both theoretical researchand juridical practice, which is not correspond with the predominant rolethat the litigant should have. The author saw the importance of each kindof evidence, so he hope the litigant's statement can win the positionthrough his essay. Chapter one is the pandect of the whole essay, which is the base of the following discussion. Beginning with the formation of the nomenclature parties'statements, the author systematically analyzed the definition, nature, characteristics, function, classification and the relationship with civil action mode of the parties' statements, wishing to reform radically. Chapter two is focused on the aspect that why the e parties'statements get an inferior position in legislation and judicatory, which a foreshadowing of the following content of institutional is restructuring.Chapter three is the comparison of parties'statements in different countries. At aboard, the institutions of hearing and asking the parties are established according to the different functions that the e parties'statements have in civil action. The establishment of the two institutions has laid the foundation of affirming the value of the litigant's statement. The author hopes this chapter can provide some material for the reform of our litigant's statement institution.Chapter four is the major part of this essay, and it mainly talked about how to structure our parties'statements institution from theory and practice. The author proposed that we introduce the institutions of hearing and asking the parties based on the principal of debate, so the parties'statements can play an active role in stating the facts and proving the case.Epilogue is the conclusion of the essay, which concluded the train of the thought and the research contents.