On Admission Of Civil Procedure

Whether in common law system or continental law system countries,admission is a very antiquity and important evidence rule and admission is an antiquity principle in our country as well,especially in up-to-date today,the rule is more important principle in modernistic civil procedure than ever.Admission,as an important system which is beneficial to the realization of fair justice,the rising of litigation efficiency, and the increase of litigation beneficial result,has been paid close attention to by lots of countries in the world,And these countries have constructed perfected litigation system.However,affected by ideas of traditions and Soviet Union lawsuit model for long time,there are many backwardness and deviation of theoretical study, simplicity and disorder of legislation,and arbitrariness and confusion of judicial actions in our country at present.So it is not suitable to current reform of civil trial and value of civil procedure.Based on thoroughly and carefully theoretical analysis of admission system, the author analyzes the functioning condition of admission system and the reasons for this condition in our country in this article,by comparative investigation of admission system in the main countries and regions of Two big law system.At last,this article constructs Chinese admission system of civil procedure that not only follows fundamental jurisprudence of admission system,but also suits objectively social condition in our country,and also reflects developmental trend of civil procedure of oversea countries.This article consists of four parts.Part One draws an online of admission from the basic meaning,the elements, the classification,the effect and the basic theory of admission.Firstly,the author analyzes in this part the basic implication of admission---Admission is litigant's admission of the fact which is unfavorable to him.The author believes that the fact admitted is unfavorable.From attribute,the admission in lawsuit is not evidence but a rule of evidence.Secondly,the author explains the elements and classification of admission.Thirdly,the author explains the effects of admission on both court and parties in a lawsuit.And last,the author explains the theoretical foundation of admission.From this part,there is a theoretical basic for more study on this topic.Part Two reviews the admission of two litigation system.The author collected a great deal of oversea country materials about the topic in this part.From the angle of comparative law,this article carefully investigates the admission system in the main countries of the common law system and in the main countries and regions of the continental law system.Drawing some similar and dissimilar from two big law system, and based there advantage and disadvantage of common law system and continental law system,the author make a summery about admission that is helpful to our country to constitution of admission system.Part Three analyzes the application of admission and reasons of disadvantage in China.First of all,this article introduces development of admission in our country and then carefully analyzes backwardness of admission in our theory,litigation,law actions and practice,such as misunderstanding for attribute of admission,confusing for object of admission,imperfect effect of admission and litigation of admission,and law operating by haphazard,And then,comments the admission system and give a tbrmidably reason of backwardness of admission in the application.Part Four is about the building of China's admission system.In the last part, from the actuality meaning of completing our admission system,firstly bring up a environment of theory for our admission system,and above this big environment,the author brings up some helpful suggestion and constructs a series of specific system that are closely connected to admission system.