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A Study On Civil Admission

Posted on:2009-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:C YanFull Text:PDF
GTID:2166360272983993Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Admission is the litigant's admission of the fact which is unfavorable to him in civil procedure.In the area of legislation,most countries in the world have stipulate the elements,the effect,and the withdraw of admission,which constitute the admission system.Admission system is beneficial to the realization of justice and the litigation efficiency. Admission is one of basic systems in civil procedure today.However, affected by Soviet Union model for a long time,the civil procedure in our country was characterized as super-power structure.Therefore,the admission system did not exist and the relative theory had not been taken into research seriously.In accordance with the reform of procedural system modernization,it is necessary that the admission system should be recuperated.It is one of the standards by which to judge the reform whether succeed or fail,in the reform which our country's traditional super-power litigation structure transforms into the party adversary system, that if the admission system will be established or not.Because of the real importance and necessity,the author chooses this topic and tries to give a clue to the other researchers.This paper includes five parts:Part One generally reports the basic theory as for admission, including the concept of admission,the nature of the admission and the effect of admission.Admission is litigant's admission of the fact which is unfavorable to him.The nature of admission is one party's view of the fact is admitted by the opposite side.The effect of admission is to restrain the judge's power to accept the fact,to remove the opposite side's burden of prove,and to restrain the litigant's right to withdraw the admission.Part Two analyses theoretical basis of admission system.This paper discusses it's legal basis,principle of debate,the principle of good faith, the efficiency of litigation.The author probes the nature of admission through the research of the contradiction of the efficiency of litigation and the fair of litigation.Part Three analyses the elements of admission.In the analysis,the author probes the related issues with the research of theoretical basis of admission system and the nature of admission.Part Four does some comparative study on admission system,which lists and compares the legislation with respect to admission in those key countries within the two major legal traditions.Thus the paper proposes that our own admission system should be established on the basis of the continental legal modes and take reference on the admission mechanism in Anglo-American legal family.Part five after summing up the legislation history and the status quo of the admission system of our country,the author analyses the problem that we face for the perfection of admission mechanism in China and brings forward suggestions for further improving of the admission system.
Keywords/Search Tags:Civil Procedure, Admission, Principle of debate
PDF Full Text Request
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