On Limitation Of Self-admission

The limitation of self-admission in civil procedure, actually is the limitation of self-admission's effectiveness, which means in some situations the party concerned can not make self-admission or even does it still can not produce effectiveness. Theoretical foundations of limitation of self-admission are on the following four aspects: the scope of application of the doctrine of debate is limited, the parties' disposal rights are relative, constrain of the obligation of truthfulness, and necessity of judges ' ex officio. In the subject of self-admission, general proxy can not make self-admission in those facts which may lead to admit opposite side's claims, and part of jointers, people short of lawsuit capacity and the third party without independent claim also can not make self-admission. In the object, the facts related with personal relationship, ex officio and judicial notice can not be made self-admission. Besides, in mediation procedure the effectiveness of self-admission is limited, which is compromised by the party in order to make mediation agreement, and the self-admission made in other procedure as well.