Accept The Rule As Unavoidable Cognition And Perfect Idea To Civil Action Practice

Article 8 of "several regulations about the civil action evidence " of the Supreme People's Court is in the form of legal file for the first time, have established the rule of thinking in the evidence system of civil action of our country. Think the rule is a brand-new civil action evidence rule , up till now, think correctly in theory regular research is obviously weak , no to thinking the regular one is applicable to in practice and norm yet of operation. This text probes into and accepts the concept , theoretical foundation , value as unavoidable from the practice visual angle of civil action, thinking the rule is investigated to two fundamental laws and principles departments in terms of comparative law, it is analysed that the current law of our country accepts the drawback stipulated as unavoidable, construct the rule of thinking to perfect our country. First part, Have expounded the fact the civil action accepts the general principle of the concept as unavoidable , include the concept theory accepted as unavoidable in civil action, definition accepted as unavoidable in attribute theory , civil action accepted as unavoidable in civil action , accepting the classification that thinks with the difference of similar concepts , civil action as unavoidable . Point out the civil action thinks and should be pointed one party maintains to the party of other party in the civil action that is unfavorable to the own fact, , or in front of the judge in various kinds of book forms, in the court's trial, admit it for true statement or the expression refusing to be refuted . Second part, Have expounded the fact the civil action thinks the regular concept means thinking the rule is as the rule of an evidence or lawsuit rule, it is about the establishment thatthinks and norm rendering a service. Have recommended the foreign civil action to think the regular evolution , China's civil action accept the regular evolution as unavoidable briefly, accept the regular historical evolution as unavoidable after criticizing of a text the civil action. The third part, Have expounded the fact the civil action thinks the regular practice is examined and analysed, through remit Huichuan district people's court civil case accept the rule as unavoidable census data of state in recent years, think in the civil action practice the rule uses existing problem and reason, accept the regular defect as unavoidable after proving the civil action of our country. The fourth part, From accept the rule as unavoidable theoretical foundation , value orientation , procedure link , render a service rule ,etc. think to of our country civil action regular perfection is it think to go on, propose the civil action think that proposes the draft in regular legislation.