Think In A Civil Action

Admission is an important part of principle of debate. The parties make any admission under the provisions of laws and regulations in the certain period shall be regarded as formal admission; whereas the contrary . informal admission it is only constitute a method to provide evidences, which could not exempt the parties from the burden of proof.As the necessary requirements and natural products derived from the litigation pattern of partism, admission is stipulated as an important litigation rule in the civil procedure law in many countries. The admission system is not perfect in the civil litigation procedure law of China, so does the study on the theories of it. While improving the efficiency and economy of litigation, the admission system could also absorb the almost dissatisfactions of the parties and protect the fairness in procedure. Therefore, the study on the admission system is of great practical significance. Started by defining the definition and essence of admission in civil litigation law and combining the analysis on the domestic and foreign legislations, this article discusses on its components and effectiveness and then further proposes on the construction of admission system in civil litigation in China.The scholars have different opinions on the definition of admission in civil litigation. The difference focuses on its essence and whether it takes the adverse fact as the only object. In the author' s opinion, admission in civil litigation law means that one party in the civil litigation confesses the authenticity of the adverse facts proposed by the other party without rebuttal. These facts confessed by the other party need no evidence by the proposing party and could be the basis for the court to make judgments.There are five major theories on the essence of admission including theory of evidence, theory of the private law activity, theory of litigation activity, theory of evidence rule and theory of special evidence. Theory of evidence regards admission as a kind of evidence. Theory of private law activity, as the opinions of the scholars from civil law countries, regardsthe admission as of the essence of private law activity which could be further divided into theory of intentions and theory of informing opinions. Theory of litigation activity regards the essence of admission as a litigation activity. Theory of evidence rule regards that the admission in litigation is an evidence rule with the legal effectiveness, which itself could not be regarded as the evidence any more. Theory of special evidence regards that the admission is a special style of presentations of the parties and could not bind for the court. The author proposes a combinative theory of activity & rule in judging the essence of the admission in civil litigation, because the effectiveness of the admission does not derive from the expression of the party but the rules provided by the civil litigation. Detecting from the aspect of private law, the admission might be voluntary activity of the party who wants to exempt the other party from burden of proof and request the court to take the facts as the basis of judgment; or it might be the presentation on the facts by the party. However, since the admission is made during the course of litigation, its essence of private law shall be absorbed by the essence of public law. Therefore, we could not analyze the admission from a private law aspect. Viewing from the functioning aspect, the admission has become an important evidence rule. It is the combination of the essences of the litigation activity and evidence rules that the admission proceduce functions in litigation.A complete and effective admission must satisfy the constitution condiction by the rule of law. The subject of admission shall be the party who has direct relationship with the facts to be proved and the judgments and the party who will be bound by the judgments. They are plaintiff and defendant, common plaintiff, representatives of litigation and the third party in the litigation. From a broader sense, the subject...