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Self-Admission In Civil Procedure

Posted on:2009-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z H YangFull Text:PDF
GTID:2166360272983976Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Admitted that it was an inevitable requirement of the principle of debate,the fact that self-admission as a system should be based on that. Whether civil law countries,or common law countries,as long as they follow the Litigant Principle,even if the title may be different,both claim this system.Self-admission fully embodies the parties to handle the problems,as well as the pursuit of fair value,and at the same time magistrate litigation economy,and improving the efficiency of the proceedings.Therefore,as an important and independent civil litigation system,attaching great importance to their countries,civil legislation,as well as their theoretical research are very mature.Among the judicial interpretation of China,it is inconsistent,and there are also some confusions,which is the problem that the reform of China's civil procedure must solute.This paper claims the self-admission system from the basic problems,talking about the legislative system of China's self-running system environment and the specific legislative shortcomings,in order to make sound recommendations.This paper is divided into five chapters.The first chapter introduces the general system of self-admission.This chapter starts from the national civil legislation,as well as the theoretical system of the provisions,then describes the meaning of self-admission, nature,four elements,as well as two special types of self-admission,and defines self-admission as self-admission in lawsuit.Chapter Two introduces the value of self-admission.It claims that the system is to facilitate the value of commercial disputes resolved,the principle of honesty and credibility,conducive to the fair and justice,to achieve economic efficiency,to fulfill the principle of debate.Chapter Three analyses the effectiveness of self-admission.It claims that there are not only binding on the courts,but also binding on the two parties.In certain circumstances,the effectiveness should also be limited. The revocation of self-admission should be subject to some certain conditions.Chapter Four introduces the evolution of China's self-admission,the legislature and self-running situations.This chapter first introduces the legislative history,and then the legislative and judicial self-running status quo of China's self-admission.Chapter Five is about the proposal of the improvement of China's self-admission.I propose improving the rules starting from the system environment and the value,and gradually bringing legislation more scientific and reasonable,in order to establish our self-admission system a practical system.
Keywords/Search Tags:self-admission, principle of debate, civil procedure
PDF Full Text Request
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