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Study On Self-Admission Of Civil Procedure

Posted on:2011-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q L HeFull Text:PDF
GTID:2166360305979170Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Self-admission is a legal system that established on adversary principle and is an important element of the principle of debate principle, meantime it reflect principle of disposition and the principle of good faith. Self-admission in this paper is self-admission on civil procedure, the nature is litigation contract. Self-admission can be divided into different types according to different standards. The four elements of self-admission were related to statements , and must be made in the civil procedure, and statement of self-admission is against the party who make it ,and the statement of one party's self-admission must beneficial with the other party. Once established, it will create legal effect of exemptions to the burden of proof of the other party and binding to the Court's decisions .Self-admission does not apply in some cases. Conforming to conditions prescribed by law, the party can be withdrawn the self-admission. Self-admission's pursuit of value is that improve the efficiency of the proceedings, save judicial resources and ensure procedure stability. It faces two conflicts, the judicial fairness and the efficiency of procedure, the implementing of the debate principles and the pursuiting of substantial truth which are needed to balance in the legislative and judicial operations.Although Self-admission is not stipulated in the "The Civil Procedural Law of the Peoples Republic of China ", but in series of judicial interpret issued thereafter by Supreme Court refer to the term . A more detailed provisions are involved in "Some Provisions of the Supreme People's Court on Evidence in Civil by Supreme Court Procedures " in 2001.Because of the inherent defect of China's civil procedure system, and the imperfect in legislation and other reasons, self-admission did not play its due role in judicial practice. It is inconsistent with the direction of reform of China's civil procedure , also, it still needs further improvement and refinement.
Keywords/Search Tags:self-admission, debate principle, adversary principle
PDF Full Text Request
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