Research On The Statements Of The Parties In Civil Litigation Of Our Country

The statements of the parties are a kind of important evidence stipulation by civil procedure law in our country, which should function as other kinds of evidence. But the statements of the parties cannot function as well as it should, because of the confusion in distinguishing the statements, request and claims of the parties which is caused by the roughness of the civil procedure law in our country and the particularity of statements of the parties. The parties which have witnessed the fact of the case are important sources of evidence on the one hand and the most important subjects of civil procedure on the other hand. The statements of the parties contain abundant other values as well as the value for testifying function. The absence of the procedural rules distinguish the statements of the parties with evidential significance from that without evidential significance in the present system of the statements of the parties substantively results in the embarrassing status and confusing function of the parties' statements.The thesis tries to distinguish the statements of the parties with evidential significance from that without evidential significance by building the system of interrogation of parties by court and further to building a system of statements of the parties adapted to the judicial practice in our country for the full exploitation of the function of statements of the parties in the civil procedure. The methods of positive analysis, historical analysis and comparative analysis are adopted in the research. The whole thesis is divided into three parts: Foreword, Main Body of three chapter and Concluding Remarks.The first part is the general program of the thesis. The author analyzed the questions and significance of the research of the parties' statements and then reviewed the systems of the parties' statements in and out of our country by analyzing the relevant researches.Chapter one: the Actuality and Consideration of the Statements of the Parties. The author indicated the questions of the statements of the parties in our country by analyzing the documents from a survey of two basic people's courts and thought over some things which suit to the system of the parties' statements in our country from two aspects of legislation and history.Chapter two: Comparative Analysis of the Parties' Statements. The author classified the system of the statements of the parties in the two kinds of law systems and demonstrated the sameness and difference between the systems of the parties' statements in the two kinds of law systems for the sake of finding some new things to constitute the system of the statements of the parties in our country.Chapter three: the Rebuilding of the System of the Statements in Our Country. Based on the analysis of three chapters above, the author re-discussed the system of the statements of the parties, brought forward the system of question of party from civil law countries, distinguished the statements of the parties with evidential significance from that without evidential significance, and so brought the testifying function of the parties' statements into play.Concluding Remarks: The author summarized the whole thesis, reviewed the path and content of the research. At the same time, the author also made a forward-look on the future research on the system of the statements of the parties.