As new civil procedure law promulgated and implemented, the new civil procedure law of our country change type of evidence from the previous seven to eight, strikingly in article63of the civil procedure law of our country about the kinds of evidence will be stated by the parties from the fifth order have had promoted to the position of the first, is the statement as a kind of "borderline" evidence gradually caused the attention of legislators, and this small change but also to a certain statements as evidence by the parties. This not only reflects the change of China’s civil procedure law and the coordination in the judicial practice, but also embodies the people-oriented concept of justice in our country the promotion, the statement is not only the rights of the lawsuit main body, sure, but I start to respect the national defense law legal truth and legal procedures. But stated in the judicial practice in our country is in an awkward position, combined with the legislation on the roughness and the parties statements such evidence is different form the striking feature of other evidence, the parties statements or nationhood in practice application. This article is based on the grasp of the importance of presentation as legal evidence form, hope for the render state the contribution to the development of such evidence, so as to play its proper function.The first chapter is part of this thesis, content classification and function analysis of the statements of the parties. Through the comparison and analysis to Chinese party statement of this term, systematic analysis of the statements of the parties, the nature characteristic, function, classification, and lay the theoretical foundation to discuss the expected.Second chapter is the analysis of the statements of the parties of our legislation and judicial practice. From the two legislative and judicial practice of the statements of the parties to make in our country and embarrassing situation analysis, and the reasons behind the phenomenon are analyzed, an antidote against the disease on the back of the system construction of hope.The third chapter is a comparative study the statement of the party system. Through the analysis of the foreign party’s statement can be seen in the Anglo-American law system, the party statement as the testimony of witnesses, continental law system according to the different functions of the statements of the parties play in civil proceedings and set up corresponding to the hearing system and the examination system. No matter what kind of system should be adapted to survival in the soil, this chapter aims to explore the foreign legislation, build on our party’s statement into a stream, and for the discussion below to find relevant evidence.The fourth chapter is the key part of this paper, the core of the problem from the theory and reality of should be, how to construct our party’s statement system.The author puts forward to establish the true obligation is based on honesty and credit in the establishment of the guiding ideology of the party, to listen to the introduction of system, and set up relevant rules of procedure, in order to fully explore the statements of the parties in civil litigation that case and proving the facts of the case.The conclusion is the summary, reviews the research mentality and the research content of this article. |