The Research Of Admission In Civil Procedure

In civil proceeding, the judge makes a judgment according to the facts which testified by the evidences. So, the activities around evidences are the hard core of the whole civil proceeding. But take an overview of the evidence legislation, defects are obvious, especially in the rule of admission. Because of the lack of particular admission rule, the function of rule can't be work, which leads to the phenomena that the judge can't cognize facts by the rule. Nowadays, our country is stipulating for the Civil Evidence Law. In this background, it is a rational choice to consummate the admission rule in the future Civil Evidence Law. Just in this consideration, this thesis point out some advices to the problem of admission.The study on the rule of admission in this thesis includes four parts.In chapter one, the author reviews the concept, the origin and the development of the rule in the Continental Law system country and the Anglo-American Law system country, and then introduce the characters and the theories all over the world in detail.In chapter two, the author analyzes the structure and sort of admission theoretically, because of the lack of them in our legal system, so the author introduce some own immature advices on the subject and the object of admission.In chapter three, the author analyzes the effect of the admission which is the core of the problem of admission. First of all, introduce the common effects in the general proceeding, and then, analyzes some problems such as the restriction and the countermand of the admission which are not regulated in our country.In chapter four, aim at the actuality of the regulation of admission, the author point out some advices to consummate the system of admission. Include three aspects: 1.the drastically change in lawsuit mode; 2.the introduction of honest belief; 3.the modification of material admission rule.