Research On Problems Of Admission System In The Civil Procedure Law

Admission is an important system in the law of civil procedure to which the countries in both families attach great importance. However, our country has not realized the significance of admission, as a result, very few independent researches are made and a practical admission theory is not established in china yet. Due to the immaturity of theoretical direction, some rules of admission are simple and impractical. Therefore, it is very necessary to probe deeply into some basic theoretical problems of admission connected with China's practical conditions. According to this cognition, the article closely focuses on some basic theories of admission and it is composed by the following four parts. The first part introduces briefly the legislative and theoretical definitions of admission in several countries, puts forward the author's definition of admission and then further explains the meaning of admission through analyzing the compositions of admission as well as explaining the differences between admission and some similar conceptions. The second part systematically analyzes all sorts of doctrines on the property of admission and then airs the author's viewpoint. Doctrines of property of admission, depending on whether the will is the indispensable precondition of admission or not, can be divided into two categories: doctrine of declaration of will and theory of notice of idea. The doctrine of declaration of will falls into two parts: the theory of declaration of determined will and the doctrine of declaration of abandoned will. The latter can be further divided into several parts including the theory of declaration of will of right disposal, the doctrine of declaration of will of abandon evidence, the theory of declaration of will of abandon defensive right, etc. According to the article, both the doctrine of declaration of will and the theory of notice of idea have their advantages and disadvantages, so our country should establish a system of admission based on the revised doctrine of declaration of will. The third part chiefly approaches the classification of theories of admission as well as analysis of some abnormal admissions such as out-of-court admission, tacit admission, limited admission, etc. The fourth part deeply discusses the validity of admission, theoretical foundations of admission, some exceptional conditions of validity of admission, withdrawal and effective condition of admission.