On Self-Admission System Of Civil Procedure

Self-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 a great number of countries in the world. what is more, these countries have constructed fairly perfect litigation system .however, in our country, current civil procedures do not have regulations detailed and perfect of self-admission, and civil procedure academic circle about self-admission system exist backwardness and deviation of theoretical study ,simplify and disorder of legislation, arbitrariness and confusion of judicial operation to self-admission system. Base on my thorough and careful theoretical analysis of self-admission, I am intended to find out the disadvantages of self-admission system in practice and reasons for this condition in our country by comparing the self-admission system in the two legal systems. At last, this thesis does researches and discussions concerning how to form and develop the self-admission system that conforms to the practical situation of china and the trend of development in civil procedure.This dissertation consists of four parts.In Part One, I draw an outline of self-admission. It discusses the notion, the elements, the classification and the effect of self-admission. Self-admission is litigant's admission of the fact which is unfavorable to him. Self-admission in lawsuit has not the nature of evidence but an exceptional situation of proof. The self-admission outside lawsuit is a type of evidence material and is also the object of judge's discretional evaluation of evidence. On the basis of the summary of the thesis classifies self-admissions as that on lawsuit and outside lawsuit, complete self-admission and restrictive self-admission, apparent and tacit admission, parties ' and agents' admission, verbal and written and verbal admission and so on.In Part two, is the comparative study of self-admission system. My dissertation compares the self-admission system in the main countries of the common legal family and in the main countries and region of the civil litigation system. Based on this arrangement and investigation I make a summery of the self-admission of two litigation system, with a view to being helpful to the improvement of the admission system in China.In Part three I analyze the current legislation and the application of self-admission in china. I comment on self-admission system in our country and its functioning conditions by means of summarizing those legal norms. That has ever been provided in our country concerning self-admission system of Chinese Civil Procedure. What's more, I thoroughly analyze, from various perspectives the factors that cause the above mentioned conditions.In Part four is about the improvement of China's self-admission system. In this part, I elaborate the conditions required in constructing and improving self-admission system, and have a discussion on how to construct specific rules.