On Admission System Of Civil Procedure

Admission in civil procedure refers to litigation activity by which one party in a lawsuit admits the major case fact advocated by the other party. Admission system in civil procedure is the inevitable outcome of litigation pattern of litigantism. There are detailed regulations on admission system in the countries adopted Common Law System and Civil Law System. However, there seems to be no complete framework on admission system in our country, even contradicted. Based on the wrong recognition of the nature of admission, all these have resulted in the phenomenon that there are sharp divergences in theoretical researches and great differences in judicial practices. Hence, perfection of admission system is a very important symbol for Chinese judiciary to be reformed further and to be kept improving. Therefore, researches on admission system are of positive theoretical and practical significance.The dissertation is presented into four parts. In the first part, the concept and the attribute of admission are defined explicitly. By comparison with definitions of admission existing in the civil procedural law circle, and by comparative analyses of admission, confession and anerkenntnis, a considerably elaborate definition of admission is, in the writer's view, laid down, and emphases are placed over the nature of admission: admission is not a kind of evidence, nor a set of evidence rules, but a litigation activity. In this way, the rudiments of theoretical foundation are provided for further argumentation.Part 2 analyzes elements of admission in detail. On the basis of the discussion that admission is a litigation activity, subject elements, object elements and time elements of admission are expounded, thus providing theoretical and practical bases for making sue of admission establishment.Part 3 analyzes and elaborates legal effect of admission. In this part, the argument proposed here that admission is a litigation activity is demonstrated by virtue of further analysis of admission effect and its legal principle, admission withdrawal, and limitations of admission effect.Part 4 analyzes China's existing admission rules in civil procedure and puts forward proposal for its betterment. Literature review is made in this part of admission system of former or existing civil procedure regulations since the founding of the People's Republic of China, and reasons for our admission system deficiencies are expounded. Consequently, betterment proposal is made for our admission system of civil procedure.