On Self-Admission Of Civil Procedure

Self-admission,as an important legal system of civil procedure , has function that is simplified to contentious procedure, sumptuary procedure's cost , the rising of litigation emciency , and aware of the risk of procedure . Self-admission have peculiar significance in procedure and apply to adequate application of two genealogy of law of countries . By contrast , self-admission have not be certain in our civil procedure ,more or less , positive in our judicial interpretation , although it has been paid much attention to by theory circle and practice circle of a great deal of scholars in our country . However , in our country , backwardness and deviation of theorical of study , simplicity of legislation ,arbitrariness and confusion judicial of operation have to affect to successful conduct of civil procedure activity and current reform of civil procedure . Under certainly identitfying the concept of self-admission , deep and detailed analysis of law of theory , forward , according to these analysis , proved that the self-admission's basic contacts. At last, the article constructs resolve imagine that about the conflict between system of self-admission and embody system of our procedure law .This article consists five parts:Part one : The conception of self-admission of civil procedure . Firstly , this author resorts to a method of comparative study, analyzes and defines the conception of self-admission . Secondly , the author compares the difference of conception of self-admission between the different procedure law and the relevant conception of same procedure . This author's total goal is to master the certain conception of self-admission , meanwhile , provide the logical starting port for developing the topic .Part two : The theoretical analysis of self-admission system of civil procedure . This author analyzes the basic quality of self-admission -------certain the real quality of self-admission . Based on this analysis , the author displays the basic theoretical of the self-admission , and proposes the author's points of the self-admission's value in civil procedure . In this way , it can be said that part two provides a theoretical base for developing the topic .Part three : The constitutive requirements of self-admission system of civil procedure . This author told the self-admission is an organic whole in civil procedure which consists of subject , subjective face , object , objective face of self-admission of procedure . And this article demonstrated in details that every compacts of the self-admission . The author's fresh points focus on the subject and object of the self-admission . The author paid particular attention to this part .Part four : The effection and limition of the self-admission system of civil procedure . The author exposed the expression of way of the self-admission from analysis the source of the effection of the self-admission . And the author along the road of"every thing has its conflicts", adopts the method of case analysis , refers rational limitation to happen of defection of the self-admission system of civil procedure .Part five : The confliction and solvation between self-admission system of civil procedure and our system in force . The author points the confliction between the traditional self-admission system of civil procedure and our system in force from analyzing the source of the self–admission , and carefully constructs the reason of the conflicts . In the end , with the above explanation and general rules as a foundation , the author constructs a series of specific system of the self-admission of the civil procedure .