Analysis Of The Thought System Of Civil Action

Admission institution is an old and important institution. There are regulations of Admission institution both in continental law system and in Anglo-American law system. The Adversary System is the theory and validity basis of admission institution.《Some Regulations of Civil Procedural Evidence by the Highest Court》has set up a frame of the admission institution about the regulations, but it is not systematic and perfect enough. The civil procedure law legislation should set up a bounding and adversary principle, clarify the concept of admission, and the court should strengthen the restrict of admission cancellation.This paper consists of four parts.In the first part,the writer outlines the legislative system of admission institution in some countries and regions,the paper concludes admission institution is an old and important institution.There are regulations of admission institution both in continental law system and in Anglo-American law system. Outlines the legislation of admission institution in Germany, Japan, the United States, France, Brazil, Belize, Canada, Estonia, Taiwan province of china.Pointed out that the rules of admission institution in China's Civil Procedural Law and the relevant judicial interpretations experienced a process of Individual to System,《Some Regulations of Civil Procedural Evidence by the Highest Court》has set up a frame of the admission institution about the regulations, but it is not systematic and perfect enough.In addition, the writer outlines the status of academic research system of admission institution,pointing out that in Japan and Taiwan province of china has a more thorough and systematic academic research about admission institution , the research about admission institution in the mainland of china is still in the initial stage, the research object is the basic theory of admission institution.In the second part,the writer outlines the basic theory of admission institution. Pointed out that The Adversary System is the theory and validity basis of admission institution. There are difference between admission and confession, the admission of civil procedure law and admission of administrative procedure law , admission is the recognition to the facts which are disadvantageous to oneself, confession is the recognition to the litigious claim of opposite party,there are great different in target, main body and result between admission and confession,there are difference admission types such as admission in lawsuit and admission out lawsuit, ostension admission and tacit admission, fully admission and limit admission, spontaneity admission and not spontaneity admission,the admission in lawsuit is the admission that parties make in some particular program, admission out lawsuit is the admission that parties make not in some particular program, ostension admission and tacit admission are classified by the different ways of admission, fully admission and limit admission are classified whether the admission is restrictions ,the difference between fully admission and limit admission is who claim the disadvantage fact firstly and produced constrain force in different times. the common theory holds that admission consists of four conditions,the paper pointed out that it is impertinent to put the disadvantage fact to oneself into the condition of admission,combining with the case of ying jie sun, this paper argues that different decision could be maken by whether the false admission is a violation of the mandatory provision of law and violations of social and public interests and interests of a third person,admission once established, not only to binding the parties, but also binding on the courts ,but some admission do not goes into effect such as the admission involved in identity relationship,the admission not in this case,the admission involved in social and public interests and interests of a third person, the admission that lead to the recognition of opposite party 's litigious claim by authorized agent without special authorization, the admission that has been revocation , the admission in joint litigation, the admission out of lawsuit, the admission about the fact that can ' t disposition,the revocation property is the basic nature of admission, but are usually provisions of many countries ' law that can revoke the effectiveness of admission in specific circumstances, Looking at many of the legislation about admission, the way of making admission roughly three types ,the first type is in writing, the second type is the oral form, the third type are written and oral form,《Brazil Code of Civil Procedure》has different regulations to the admission in lawsuit and admission out lawsuit, Chinese law has not clearly defined in a manner that should made in writing or orally, it should be understood that both orally and in writing are allowed, the nature of indivisibility and irrevocable are the two basic attributes of admission, many countries are expressly provided for admission, understanding indivisibility nature of admission correctly is of important significance to judicial practice,the admission should be considered as a whole, the other party could not separated it and cited the part of beneficial to themselves, and give up the part of disadvantage to themselves.The third part is the admission' deficiency of our country, first, the runtime environment is missing, second, the legal provisions of admission is not enough for the system and perfect. the concept of admission did not established,there are no regulation about The parties make the statement of do not know and do not remember as well as the admission made by the third person and colitigants, the restrict of admission cancellation inadequate strict,there are no regulations about the indivisibility and the effectiveness not in this litigation of the admission.The fourth part is the perfection of admission. The civil procedure law legislation should set up a bounding and adversary principle, clarify the concept of admission, and the court should strengthen the restrict of admission cancellation. When the parties make the statement of do not know and do not remember,courts should examining and judging to make decision. the third party without independent right of claim have no right to impose direct affect to the body content of case, according to admission theory, the third party without independent right of claim have no right to make admission, and the court should strengthen the restrict of admission cancellation, define the indivisibility and the effectiveness not in this litigation of the admission.