Right To Consider Themselves In The Civil Action Research

Generally speaking, the meaning of admissions of right in this thesis is an action that one party admits or implies the right or legal relationship, and this right or legal relationship claimed by the opposite party is a premise of object of civil action and harmful to his benefits. so there are two patterns: express admissions of right and implied admissions of right.In chapter â… , about the outline of admissions of right, the object of admissions of right is the right or legal relationship in this thesis that is a premise of object of civil action, and as an act of procedure, the nature of admissions of right is a juristic act not a factual behavior. The author holds that we should admit admissions of right on the base of philosophy, institution and jurisprudence. In the next section, the author points out the three significances of admissions of right.In chapter â…¡, about the pattern and validity of admissions of right, this part discusses there patterns of express admissions of right: Only admits the right or legal relationship which is a premise of object of civil action; Not only admits the right or legal relationship but also admits partial primary fact; The admitted right or legal relationship which is a premise of object of civil action is not that the court determines by exercising the judicial power. The author holds that if only the admissions doesn't offend the public interests, the compulsory provisions and the prohibitive norms and doesn't infringe upon other's benefits, then we should admit the validity of admissions of right, and this part demonstrates the essential conditions of implied admissions of right. The next part roughly discuses the validity in the result and the intermediate state, and roughly studies the possibility on that the admissions of right rules apply to the fuzzy legal concepts.In chapter â…¢, about the exception of the validity of admissions of right, this part studies the withdrawal of express admissions of right and the dispute of implied admissions of right. Because as an act of procedure, it is important for admissions of right to abide by the rule of trueexpression of will and the rule of autonomy of the will, so if the act of untrue declaration of will becomes, we should rectify the act of untrue declaration of will, which is the reason that we formulate the rules of the withdrawal of express admissions of right and the dispute of implied admissions of right. But in the same time, we should considerate the benefits of the opposite party and the public interests.In chapter IV, about the bounds of admissions of right, because of the indispensability that the court should hear lawsuit according to the type of the lawsuit, this part enumerates five types that the admissions of right rule is not applicable, when these lawsuit are heard in the court.