Self-admission System By The Civil Procedure The Legal Principle Theory Of Law Foundation

Self-admission takes the ancient lawsuit regular and the civil procedure basic evidence system, Two big legal system countries perform to stipulate, It has the special significance in two big legal system country lawsuit legal regime. Our country about self-admission system the preliminary legislation is forms from the authority principle lawsuit pattern to in the litigant principle lawsuit pattern switching process, and goes forward in under the trial way reform direct impetus, at present many displays by the judicial interpretation form. Although the Supreme People's Court "about Civil action Evidence Certain Stipulations" established self-admission rule the embryonic form,has the profound significance. But our country still to had not self-admission at present the system makes the specially stipulation, To constructs with the consummation self-admission system the theory base understanding insufficiently was still thorough, self-admission the regular flaw, self-admission the content not comprehensive is not clear about, self-admission the suitable condition, the scope, the legal effect, self-admission the potency the limit, self-admission withdrawing as well as and so on has many problems with it correlation legal situation, Has affected the lawsuit efficiency, the fair trial and so on, Therefore has the research and the model necessity of. In view of these questions, The author attempts to self-admission system the procedure value and the rationale carry on the thorough analysis and the elaboration, then to self-admission system the principled question, self-admission system the establishment, the limit, additional limit self-admission, self-admission the cancellation and pursues duplicate, agent's self-admission, self-admission the potency and the legal consequence and so on propose own view, Profits from the overseas advanced legislation experience, apply theory to reality, Proposed consummates our country civil procedure to self-admission system aspect the suggestion, Enhances the trial efficiency, guarantees the civil trial fairness.