Admission System Research

Admission is one of basic systems in civil procedure today. However, affected by Soviet Union model for long time, the civil procedure in cur country was characterized as super-power structure. Therefore, the admission system did not exist and the relative theory had not been taken research seriously. In accordance with the reform of procedural system modernization, It is necessary that the admission system should be recuperated. Just as saying by professor Zhang Wei Ping that it is one of the standards by which to judge the reform whether succeed or fail, in the reform which our country traditional super-power litigation structure transforms into the party adversary system, if the admission system will be established or not. Because of the real importance and necessity, then, the author took the topic to research and has a try to give a clue to the other researchers.Admission reflects the relation between the party's rights and the court's power, concerned with all aspects of civil procedural theory, for writing clearly and completely, the author collected and arranged the admission principles wholly and systematically. The paper includes four parts.The first, generally reporting the basic theory as for admission, including the concept of admission, the category of the admission, the nature of the admission, the basis of philosophy as to the admission. Especially as to the nature of the admission, the author took further research and gave some pertinent observations on the admission in the statements by the parties in our country civil procedure. As to the concept of admission, the author takes the triple-method: the most broad one, the broad one and the narrow one. About the basis of the philosophy of admission, the author generalized six principles.The second, analyzing the standard model-admission, as matterof fact, the standard model admission exists unusually in the practice, we also take the standard model admission as the stable model. Through the research of the stable model, it is helpful for us to understand the interior and exterior of the admission concept, the effect of the admission, the relief way of the admission.The third, respectively presenting admission by silence, admission as to application of law, admission with limitation. In fact, the three model always exist in practice, but unfortunately, there is less research on these. Especially in our country legal researchers'circle. Because of lack of relative materials, the author had to emphasizes to introduce the relative theory as to these models.The end, combined theory with practice, the author revealed the defects as to our admission system in existence and proposed the author's suggestions to legislature.The author believes there exist two advantages in the thesis. Firstly, systematization and completeness. The thesis relating to every aspects of admission theory, not only systematically and completely, but also comparing the views in Civil Law with the counterparts in the Common Law. Secondly, practicality and creativity, the characters are embraced in the fourth part in the paper, in the part, the author focused on the defects of the admission system in existence and tried to correct them through giving propositions.