The Analysis On Legal Basis Of Self-admission System In Civil Procedure Law

Self-admission takes the civil procedure basic evidence system, the western counties perform to stipulate. It also played an important role in safeguarding procedural justice and improving the efficiency of lawsuit. However, the development of self-admission system in China is very hard. The regulation of system of admission is academicals in the judicial interpretation. And the effectiveness of it can not play. Constructing perfect self-admission system is the necessary to reflect and necessary way in the period of civilian law ion in China. Although the theory research of self-admission has last for years, and achieved a lot of theoretical achievements. The author thinks that the premises of constructing a system need not only researching the theory and roots, but also analysis legal ideas and environment the system needed. The development of civil procedure law is in the switching process from the authority principle lawsuit pattern to the litigant principle lawsuit pattern. The construct and development of the self-admission can not get necessary legal ideas and environment from China now because the model of litigation, judge concept and value orientation of the civil procedure law is not advanced. So my article is based on the study of the basic theory of self-admission system. But I fragment the legal basis, the model of litigation and legal ideas that construct the system of admission necessarily. Finally, the author put forward the comments basis on the advanced concepts from western countries and the actual situation of the development of the civil procedure law. The author discusses the comments from the angle of legal ideas, specific system construction and the support from relevant procedural in order to constructing perfect and authentic self-admission system.This paper points four partsThe first part is the content analysis on self-admission system. It focuses on the investigation of the meaning, constitutions, effectiveness and program value of self-admission. As an ancient evidence system, the self-admission system originated in ancient Rome period. It became continental law system and common law two different theory systems now. So in the first part, the author makes comparative analysis on the meaning and effect. The author also discusses constitutions and program value of self-admission.The second part is analysis on legal basis and litigation mode environment of self-admission. Any litigation systems can not survival leaving its legal basis and model of litigation. Self-admission system is no exception. The debate principles are the legal basis of self-admission system. The disciplinary right of the parties provides security for the self-admission system. Honesty and credit principle is ethics of the system. The self-admission only survivals in the litigant principle lawsuit pattern.The third part is analysis on status and defects of the self-admission system in China. The regulation of system of admission is academicals in the judicial interpretation. It needs standard by legislation. The phenomenon of the formalized debate principles, the black-and-white fact discovery right makes the loss of legal basis that the self-admission system development needs.The forth part is the argument of consummation of the Self-admission system. The author discusses the comments for the self-admission system from three respects of legislation, legal ideas and the support from relevant procedural.