The Civil Procedure Admission Rules Research

Admission rule is an important system of the civil procedure law, both in civil law countries or in common law jurisdictions there have clear legal provisions, and form a more profound theoretical basis. Growing in the development of the civil procedure law of confession, along with the development of related system in place, making admission rule in the two legal systems played an important role in the practice of law. Although there is not expressly provided for " admission " in our country law, there have been relevant contents in the law and judicial interpretations, but compared to the two legal systems about the admission requirements and practices, we can only say that admission rule is still in the period of growth in our country, and the related theories are not mature enough, there has a debate in the judicial practice. To this end, this article from the theoretical basis of the admission rule, on the basis of understanding of basic theory of admission, by comparing with representative countries of the two legal systems who provides a comparative study of the State, through comparing to discover our admission rule's insufficient in theory and in practice, in order to draw useful experience of other countries. For this, the perfection of our country's admission rule must basis on related of system measures, such as the conversion of litigation's mode, and private law autonomy principles of established, in the situation of the perfection of systems and measures, referring to useful experience of the two legal systems and researching on the specific problem of admission in order to establish admission rule which fit in our country, for this to promote the perfection of the civil procedure law and the development of rule of law national.