Study Of The Parties' Statements

In the adversary litigation pattern, the parties are the subject of civil procedure, who entitled to argue and dispose of their own benefit through some suit actions. The parties' statements are one of the most important civil suit actions, which have great position in the civil procedure. Accordingly it is obviously necessary to make a theory research on them. In the meantime, the parties are regarded as the most important witness in the Common law family and the deposition for party concerned is legislative type of evidence, but the parties don't belong to the witness in the Continental law family. The parties' statements are also as a kind of important suit evidences in China, the ex-Soviet and the east-European Socialist Countries all through the ages. In a word, the parties' statements are part of evidence information. This thesis has explored the parties' statements from the view of function based on the parties' double roles in the civil litigation, differentiated the parties' statements which claimed the matter and which proved as evidences, and reconstructed the rules of the parties' statements system of our country's civil procedure .The first part is the general program of this thesis, which analyses the parties' statements' meaning, character, feature and function. It also explores their functions which are to explain the matter of suits and to prove the matter, then differentiated the parties' statements which claimed the matter and which proved as evidences.The second part details the parties' statements which claimed the matter, and differentiates this one as the statements which presented by the parties in oral court debate and which answered in the hearing the parties' statement. This part focus on the procedure named hearing the parties' statements , and observes the deposition rules for the hearing the parties' statement procedure in the Continental law family, especially in the Germany & Japan .On the base of it, the thesis draws on the experience of the foreign advanced legislation and shows the reasonable measures to perfect the rules of the parties' statements according to its defects, especially in the truthfulness obligation in the civil procedure.The third part details the parties' statements as evidence information, after inspecting the rules of the parties' statements as evidence in the Common law family, the Continental law family and in the ex-Soviet and the east-European Socialist Countries, points out the main shortcoming existing in China's civil evidence legislation, combine with our country's actual conditions, researches the problems such as whether establish the complemental principle of the parties' statements as evidence or not, the obligation of taking the stand of the parties, the rules of inquiring the parties, the weight and the admissibility of the parties' statements as evidence and the legal obligation of lying and obstructing in the civil procedure. In the end of this part, there are some lawmaking suggestions about the reconstruction of the parties' statements in the civil evidence system.