The Effectiveness Of Admission In The Civil Procedure

Talking about admission rules, it can be said it is always accompanied by legal system, it takes an important role in the proceedings. Whether case law in common law countries or statute law of the continental law system countries, is a clear and specific expositions and a strong theoretical basis. However, due to the specific conditions of restriction, the study of admission system in our country is very little, even the Chinese civil procedure law on the admission system is not clearly defined. Litigation on the identity, is a party who accepts it is real when a party advocates to each other in the self-defeating facts, words, writing,behaviour in the oral argument or preparatory procedures, was ordered to a judge or trustee before the judge On admission to the debate'and parties'litigation mode theory based on the inseparability and irrevocable two basic characteristics, admission from the law in nature, litigation should be characterized as legal action litigation, resulting remove the other party consider themselves the fact that the burden of proof of legal effect. Litigation, having made that admission and the court binding on admission, and claims that people are not free to revoke admission, the court shall not he was innocent of the fact to the contrary identified. Given the complexity and diversity of objective facts, in exceptional circumstances, or for the maintenance of public interests in the law the effect of admission on the litigation should be limited.However, with the rapid social and economic development, International Association of frequent and the awareness of legal is raised, many parties who appear in judicial practice, missing as well as on the legal claim of the theory system of admission rule not perfect to show how to identify themselves, who effects issues such as how to bring justice to justice not according to the situation. Although the Supreme People's Court has adopted a number of the judicial interpretation, it was established admission system a limited way, it does not fit in justice practice because it is variability and diversity. In order to adapt to the legal practice, this article will be a case of judicial practice to consider yourself to focus on two distinct issues that currently exist in the system analysis and the theory, it seeks to this type of claim of balance in dealing with cases reach from theory and practice and allows you to safeguard the legitimate rights and interests of the parties.The thesis consists of three parts. It is introduction, body and conclusion.The preamble focuses on three key issues raised by a case, it is the value, the object and the effect of the admission of the confession.Body is divided into four parts.The first part is the admission and admission to the effectiveness of the define.It is made of three parts.First, the basic meaning of claim and claim in an action effect; the second is the objects of admission;third, force of self value.The second part is the theoretical basis for the effectiveness of admission.This section focuses on two aspects of the legal basis for admission binding on the courts and the parties to elaborate.The third part is the admission and effect of different subjects.It is made of three parts. First,the parties'admission and effectiveness;the second is the agent of the parties' admission and effect;third,a joint action force and themselves as its effect the elaboration.Part IV is the limit of the admission effectiveness.The conclusion is summary points and put forward ideas.This paper primarily through comparative analysis by case law, literature surveys, comprehensive analysis of research methods for analysis and discussion.