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The Studies Of Controversial Issues About The Object Of Admission

Posted on:2013-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2246330374956819Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This paper discusses three controversial issues on the object of theadmission. First, consider whether the object of the admission is limited tothe fact that "not favorable for himself ", and second, consider whether theobject includes the rights and legal relations, and the third is whether the"indirect fact" can become the object of admission. In this paper, to analyzeand discuss a variety of theories for these three issues,“not favorable forhimself” is the necessary element to consider the object of admission. Andthe specific meaning should be based on the amendment of the studies of“the possibility of the losing the lawsuit”,which means that the Courtdecision may lead to petitioner lost that based on the facts of the statementduring the time of making that. Rights and legal relations can become theobject of the admission, but all kinds of theories are immune to perfect.This paper argues that the static scope of "rights" should be limited to therelative rights and legal relations, and the dynamic range should be limitedto factual claims without some conflict occurs or basic facts without seriousconflict occur. The question of withdrawal shall be allowed on theadmission rules of the fact. In principle, we should affirm the effectivenessof the admission of indirect fact, but in the case of two specific exceptions:First, there is the contradiction between the admissions of the indirect factsthat the parties make. Second, when other indirect facts are sufficient tooverthrow the admission of the indirect facts, the parties neither withdraw the admission of the indirect facts, nor make the admission of the mainfacts. Finally, this paper reviews and discusses the legislation andAcademic Research on these three issues in China.
Keywords/Search Tags:admission, not favorable for himself, the admissionof rights, the admission of indirect facts
PDF Full Text Request
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