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Study On Admission Of Civil Procedure

Posted on:2007-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:L B CuiFull Text:PDF
GTID:2166360182990155Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Self-admission, as an important system that is beneficial to the realization of fairjustice the rising of litigation efficiency, and the increase of litigation beneficial result,has been paid much attention to by theory circles and practice circles of a great deal ofcountries in the world. What's more, these countries have constructed fairly perfectedlitigation system. However, in our country, backwardness and deviation of theoreticalstudy, simplicity and disorder of legislation, arbitrariness and confusion of judicialoperation to self-admission system is not suitable to successful conduct of civilprocedure activities and current reform of civil procedure. Based on thorough andcareful theoretical analysis of self admission, in this article, the author analyzes thefunctioning condition of self admission system and reasons for this condition in ourcountry by comparative investigation of self-admission system existing in the maincountries and region of the two legal systems. At last, this article constructs Chineseself-admission system of civil procedure which mot only follows fundamentaljurisprudence of self-admission system, but also suits objectively social condition in ourcountry, and at the same time reflects developmental trend of civil procedure or overseacountries.This article consists of five parts:Part One draws an online of self-admission. It discusses briefly the definition, theattribute, the elements, the classification and the effect of self-admission. Self admissionis litigant's admission of the fact which is unfavorable to him. This article believes thatthe fact admitted is unfavorable. Self-admission in lawsuit has not the nature ofevidence but an exceptional situation of burden of proof. It emphasizes on the elementof "the meaning that the parties refuse to dispute". While self admission outsideslawsuit is a type of evidence material and is also the object of judge's discretionalevaluation of evidence. Self-admission can be differently classified from different views.On the base of the summery of practice, his article classifies self-admissions as that onlawsuit and outside lawsuit, totally and restrictively admissions, clearly and tacitadmissions, parties' and agent's admissions, admissions in advance and later.Part Two analyses theoretical basis of self admission. This article discusses its legalbasis, adversary system, the principle of good faith, the efficiency of litigation andresolves the contradiction of law true and the objective true, the efficiency of litigationand the fair of litigation.Part Three review the admission of two litigation system. In this part, the authorarranges the great of materials that can be collected by author and minutely investigatesthe admission system in the main countries of the common legal family and in the maincountries and region of the civil litigation system from the angle of comparative law.Based on this arrangement and investigation the author make a summery aboutadmission of two litigation system, thus know more about admission an get help to ourcountry to constitution of admission system.Part Four analyzes the application of admission in China. By summarizing therules of admission in China, this part comments the admission system and application ofit in details, and goes deep into the reason of the application.Part Five is about the building of China's admission system. In the last part, theauthor discusses the building of concrete rules of admission in China. The differentsystems of civil procedure law relates each other, therefore, the author tries to buildChina's admission system from the point of view of procedurally-supporting to theadmission system.
Keywords/Search Tags:civil procedure, debate principle, self-admission
PDF Full Text Request
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