Litigant Statement In The Code Of Civil Law Of China

Among the seven proofs listed in The Code of Civil Law of China, litigant statement is not valued very much in the practical usage, or even ignored. Litigant is the one who directly related with the final result of the case, and litigant statement is one of the most important proofs in the court trial, so it’s vital to analyze litigant from all aspects, for example, its definition, feature, classification, function and characteristic. As for litigant statement is implacable in the timely investigation of the case, it is necessary to do a more comprehensive research on it. In order to fully perfect it’s function.Through reading a lot of related books and materials and combining the practical court trial, I know a lot about litigant statement. And I also find several drawbacks of it. I will list some suggestion to improve it from my own perspective of view.In the first chapter of this thesis, I introduce the definition, feature, classification, function and characteristic of Litigant Statement. Among it, the key point is, under five different standards, the Litigant Statement has diverse classification, feature and function in two aspects. Chapter Two is about the historical process of the changes of role Litigant Statement played on the basis of it’s different status. In Chapter Three I mainly list the regulation and use of Litigant Statement overseas. Such as, in Common Law System, litigants are regarded as the most important witnesses while in the Continental Law System, litigants are not witness at all, but asking the litigants is regulated as a proof by law. Through comparison, I get different aspects of Litigant Statement. Chapter Four is about the legislation status quo of Litigant Statement in the Code of Civil Law of China--it mainly comes from legislation and practical act. I find the problems in it and pave a good way for the following thesis. Chapter Five is about the suggestions to improve Litigant Statement, in order to fully perfect it in the future practical act in both its feature and function.