On Discussion Of Facts Admission System

The facts admission system has been one of the important civil procedure systems for a long time. Both the Continental Legal System and the Anglo-American Legal System have completely related and analyzed in the legislations and theories of facts admission system. In our country, the facts admission system was established by Aritical 8 of the Stipulations Of The Supreme People's Court On Civil Evidence in 2001, including the objects and time of facts admission, legal fiction of facts admission, facts admission appointed, the retracting and rescission of facts admission. Although the above article has established the framework of facts admission system in civil procedure creatively, the facts admission system is not yet systematic and prefect in our country. Besides, the superficial research of educational circles on facts admission system makes the juridical facts admission practice lack directions. Thus, there are conditions below: the comprehension and application of facts admission are not accordant and the juridical practice even totally departs from the essence of facts admission. For the above-mentioned reasons, the author of this thesis trys to discuss the theory evdience, nature, components, conditions suitable for application of facts admission and how to solve the difficult problems which occur in the juridical facts admission practice from a standpoint of facts admission effectiveness. The author also trys to solve the problems related to the scope of facts admission effectiveness and generation methods, in order to settle various contradictions that emerge in juridical practice radically. This thesis contains 3 parts:Part 1 merely discusses the theory evdience, nature, components of facts admission effectiveness and clarifies the origin and action methods of facts admission effectiveness. In this part, both the nature and validity of the binding force of facts admission and the action nature and regulations in the process of facts admission effectiveness are radically comprehended. Meanwhile, the institutional enviroment of facts admission is elabrated in theory, in order to eliminate the deviation of facts admission in juridical practice.Part2 discusses the lincitation of facts admission effectiveness.Part3 analyzes specificmatters in the juridical facts admission practice, especially different opinions on problems of facts admission effectiveness. The author finds out the reasons of relevant problems by theory investigation and sets up an operating procedure that conforms to the facts admission theory.Part4 conpares the legislations of facts admission in the continental legal system,on the purpose of promoting the legislation of facts admission in our country.Part5 probes into the legislation of facts admission and practical problems in our country at present. The author puts forword constructive views on the deficiency of legislation and the parctical problems it brings about under the guidance of facts admission theory, in the hope of providing reference for the legislation and juridical practice of facts admission system in the future.