On Confession Of Claim In Civil Procedure

As a part of confession, the meaning of confession of claim is an action that one party admits or implies the legal relations or rights, and this legal relations or rights by the opposite party is a premise of object of civil action and harmful to his benefits. The discussion of confession of claim is very hot in both Japan and Germany, but in our country, the research is mainly focus on the confession of truth, confession of claim is not a hot topic. In this article, the author tries a systematic analysis on this topic by four parts to construct our own regulations of the confession of claim, which is suitable to our country's actual situation.The first part is about the outline of confession of claim. Firstly introduce the meaning of confession of claim, and distinguish it with other correlated conception, then affirm the value of researching confession of claim from three points of view, such as substantial law and procedure law. In the second part, the author discusses the personal condition and impersonal condition of confession of claim, also analyze the pattern of confession of claim. Expressed and implied confessions of claim are two types of confession, pure and multiple confessions are two types of expressed confession. In the third part, author mainly probe into the effectiveness of the confession of claim. By the premise of affirming the binding force of effective confession of claim, partly discuss the problem in the aspects of pure, multiple and illusive confession of claim. And at the base of comparing with confession of truth, the author analyze confession of claim's own standard of withdrawing and cancel confession of claim. In the last part of constructing a suitable regulation of confession of claim for our country, it embody a thought that take the admission of confession of claim's effectiveness as principle, and by the guidance of this thought, the author gives advice on establishing a proper regulation from five aspects: the regulation's applied range, cognizance of the effectiveness, rule of withdraw and cancel the confession of claim, extend of effectiveness, and judge's right of illustration.