On The Fiction Admission Of Civil Procedure

In the system of admission, fiction admission always be mentioned asthe comparison of admission. Actually, fiction admission is not the realadmission made by the litigant, but legislators regulated one part of thelitigant’s unclear attitude or performance to the fact which is unfavourableto him fictionally into admission in law, on the consideration of specificvalues and realistic policies. Compared with admission, because of itsdifferent negative appearance but the same potency in law, the theoretical,legislative and practical problems involved in fiction admission are morecomplicated and difficult. This paper gives an overall explanation anddiscussion about fiction admission in civil procedure, which includes notonly basic theoretical issues based on continental law system countries anddistrict such as Germany, Japan and Taiwan district’theories andlegislations, but also the application, disadvantages and improvement offiction admission in China, as well as some independent points andsuggestions. The paper can be divided into three main parts: forward, textand conclusion.The forward outlines the deficiency of present theoretical research,legislations and judicial practice about fiction admission, especially inChina, and points out the writing purpoes and expected achivements.The text, which has about40,000words, comprises three chaptersand discusses several issues in a logical sequence.Chapter Ⅰ, the basic theories of fiction admission. Includes the definition, the jurisprudential basis, the elements and the potency of fictionadmission, which consist of the general introduction of fiction admission,as well as the theoretical support for the following discussion aboutlegislations and judicial practices. Especially focuses on thejurisprudential basis of fiction admission and the potency to the litigant ofthe fiction admission part, which involve some unsolved issues.Chapter Ⅱ, the present existance and application in China. Mainlyintroduces the background and present legislation of fiction admission,and deeply analyzes potential and detailed problems about the applicationof fiction admission in our country. According to the analysis based on ourcountry’s reality, there are some kind of obstacles or deficiency in thefields of theoretical support, system environment,legislative regulationsand judicial practices and so on.ChapterⅢ, improvement of the system of fiction admission under ourcountry’s civil procedure. The thought mainly from two angles which aresystem environment and the system of fiction admission itself to beexpanded. The improvement of system environment involves the contentof rebuilding the doctrine of debate, setting up and perfectingjudges’power to clarify and litigants’related obiligations. Improving thelevel of theories, legislations and judicial practices themselves based onour country’s reality are the key and only way to improve the system offiction admission in China’s civil procedure.In the conclusion, the whole writing outlines and contents, theindependent points and suggestions are put forward and summarized again.The last, wish the significant function and meaning of fiction admision hasa positive influence on making a better civil procedure in China.