The Comparative Study Of Implied Admission System

Admission is an important ancient legal system. Fiction admission known as tacit admission means a party in a civil action implement a proof of prejudice against the other party, as the other party recognizes the fact the party advocates.Admission system used to be a system based on free disposition of right, that is to say, if one party admitted the fact the other party advocated, he is exempted from the obligation of proving his proposition. The court of law can't investigate actively except the implementation is obviously violate, and the court should make judgment according to the fact.Considered as a proof of prejudice, admission here is not the recognition made by one party to the other party, but a legal fiction admission. Fiction admission is often mentioned as counterpart of the express admission. Those two different forms make up a typical classification existing both in civil procedure theory and judicial practice.As an important form of admission, fiction admission has a pivotal position in the national laws. But countries which clearly stipulate fiction admission are very few, mainly in Germany, Japan, Taiwan and other civil law countries and regions. In China, admission and fiction admission systems are not stipulated in civil procedure law.Moreover, common legal countries and civil legal countries do more researches on fiction admission. In China, although academic experts have paid some attention to fiction admission, they don't go on with any further research. This leads to many problems in judicial practice as well as in the academic study, which goes against the construction of the legal system of our country. Thus, studying the problems and improving method about fiction admission systematically is of great theoretical and practical significance.This thesis composes adversary theory, litigation law theory, party competition theory, truth discovering theory and the procedure subject of parties, and uses methods combining theoretical analysis and case demonstration, qualitative and quantitative evaluation methods, explores the research situation of fiction admission system in common legal countries and civil legal countries and builds the comparative evaluation index system and evaluation model of fiction admission system. And thenThe thesis And targeted at the fiction he legislation of China, case studies the complex provisions of legislative norms, perfection of the protection of the right to improve, clarify and "forget party statement" criterion established path. The major research content of thesis is summarized as follows:This thesis discusses principles of the fiction admission system, especially discusses its appearance and development. It analyzes and points out the necessity of admission system and arrives at the features of fiction admission system on the discourse of the meaning of the fiction admission system. Firstly, the fiction admission system is not only considered as the party abandons the locus stand, but can also be viewed as the result of non-fulfillment of obligations by the parties from a different perspective. Secondly, judge from the legislation and theoretical explanations from Germany, Japan and Taiwan areas. In general, the fiction admission is limited to the language debate not in dispute. Thirdly, the efficacy of the fiction admission and the efficacy of the realistic admission are different. Fourthly, similar to the application of the realistic admission, common legal System and civil legal System is different in the application elements of the fictional admission.The thesis compares the difference of fiction admission system between the common legal countries and civil legal countries, trying to put the debate theory into the fiction admission, discussing the realization conditions of the fiction admission, including its power and significance. The thesis applies the theory of finding reality, establishes the self evaluation fiction model and reveals the deep meaning of fiction admission system and legal system suitable for China's national conditions.On one hand, the thesis analyzes the original resistance and force mechanism of the fiction admission in the development of our country. Through the analysis of problems existing in Chinese fiction admission, the thesis points out that the asymmetry between the inside and outside information is the fundamental reasons in forming the realistic resistance. Through the analysis of the existing defection in the judicial practice, the thesis makes a fiction admission power-driven model and a realization of the system.On the other hand, this thesis establishes the perfection of mechanism model of fiction admission system in China. On the systematic analysis the principles of fiction admission system, comparative law review and the existing problems of fiction admission system, the thesis designs the self improvement system of the fiction admission system. The system embraces the legislation of fiction admission, the perfection of fiction admission after complex rule, the perfection of the clarified right guarantee and the confirmation of "forget party statement" criterion. The selection and design of the system not only takes fully into account the present situation of China's current fiction admission system, but takes fully into account of the essential requirements of sustainable growth and development in the Chinese legal community...