On Admission In Civil Procedure

The perfect legislation is going with the mature theory. In recent years, academic circles have yielded certain achievements in the fundamental research of admission, which can't satisfy the legislation and the lawsuit practice by far. With the the folk request for revising "Civil procedure law", the further deepened research is extremely essential. The elementary theory of admission mainly includes the meaning, essential elements, legal nature, effect and withdrawl. The two legislation cases in Continental Law reflect that the nature and theory basis are differently treated, the theoretical classification on the different standards can help to comprehend the meaning of admission, and explore their characteristics, essential elements may be summarized by follows: admission must be made in the legal procedure, its object is fact, the fact must consist with the opposite party's statement and be disadvantageous for himself. The several major views about its nature in our country ,which is quitely different, shows that the angles of view aren't same. In fact, the natures are different by different angles, as stating the case, the nature belongs to lawsuit behavior, but as a lawsuit system or policy, its nature belongs to the evidence rule. Admission in the lawsuit has restricts to the court and parties. Whlie the opposite party agreeding, made by force or under the significant misunderstanding, admission may be withdrawned. The relations between admission and party's statement, which has rarely been explored , will be elaborated at last. We can not adopt the method of value analysis but of function alanalysis, to correctly solve the problem, the different objects in the two systems and the methods of function alanalysis method are essential.