On The Evidence Value Of Parties' Statement

The parties'statement is a kind of case materials in any civil proceedings. The definition of its function affects the result of the case directly. Furthermore, its function is closely related to the choice or change of the litigation system. There are seven kinds of independent evidence in the Civil Procedure Law in China and the parties'statement is a kind of it. However, with the development of the civil procedure theory and practice, its independent status is challenged especially during the extensive civil trials reforms at present. Although it is possible to distinguish the evidential statement from other statement on theory, in judicial practice it is just a part of declaration or debate. So it is urgent to review this traditional evidence type—the parties'statement in order to settle the inadaptability with modern litigation mode and other problems in judicial practice. Based on the parties'dual roles in civil litigation, this paper mainly discusses the evidence value of the parties'statement compared with roles the parties played overseas hoping to get constructive suggestions for the parties'statement reform and development from the statement's status and problems existing in judicial practice.This paper is divided into four parts to discuss the evidence value of the parties'statement using empirical analysis, historical analysis and comparative analysis:PartⅠ, the definition of the parties'statement. This part mainly evaluates academic contents of the parties'statement definition in China and re-defines the concept, features and classification of the parties'statement.PartⅡ, existing problems and shortages of the parties'statement in judicial practice in China.This part mainly analyzes existing problems of the parties'statement in judicial practice in China from the points of procedural rules and statement functions.PartⅢ, oversea legislative experiences and its inspiration for the parties'statement definition in China. This part mainly describes some relevant provisions of the parties'statement as evidence in the common law and the civil law, then concludes the close relationship between the parties'statement and the litigation mode so as to acquire inspiration for the perfection of the parties'statement in China.PartⅣ, the perfection of the parties'statement in China. On the base of aforementioned the parts, this part relocates the definition of evidential parties'statement and gives some plans to construct Parterianhorung (hearing of a party) and Parteivernehmung (inquiry of a party).Partⅴ, the guarantee of real statement. This section elaborates the parties'real statement obligations and sanctions mechanism for false statement, expecting to make the statement's evidence value more functional by the establishment of these two kinds of mechanism.