Study On Admission Of Civil Procedure

Admission is a very antiquity and important evidence rule of litigation in both common law and continental law countries. Admission, as an important system that is beneficial to the realization of fair justice, the rising of litigation efficiency, and the increase of litigation beneficial result, has been paid much attention to by theory circles and practice circles of a great deal of countries in the world. What's more, these countries have constructed fairly perfected litigation system. In our country, it was first established by the supreme people's court in civil procedural evidence institution, and has begun to carry out, and we must notice that there are still many default in our legislative and theoretical study.Based on the basic conception of admission, this paper analyzes the content of admission and then conceive my own notion about the present system, This thesis consists of four parts:The first part, starting with the definition of admission, brings forth that admission occupies the multiple values of protecting judicial justness, embody lawsuit economy guarantee program justice. Meantime, to sweeping the confusion of the definition of admission between the practice of legislation and judicature, this paper unscrambles some relative definition on law such as admission and judicature cognition so as to establish a good base for the further analysis afterwards, and it introduces domestic and foreign histories of admission system in detail, it is the basic of discussing in follow.We have a discussion on the quality of the admission in the second part. The article puts forward that the admission in lawsuit should be treated as direct evidence while out admission of law suit should be treated as circumstantial evidence . The article also has an investigation on the effect of admission and its exceptions.In the third part, through the comparison of the legislations and theories in main countries of the two legal systems, the article concludes that the difference focus on the nature of the admission.In the last part, based on the analysis of the current situation in China, the article points the deep cause of this default. Then, it proposes that we should perfect the system through improvement in procedural law and concrete system.