On The Fiction Admission In Civil Procedure

The fiction admission is not a real identity, belong to one situation of the civil identity.Compared with the express admission, the fiction admission in terms of subject object, and time has its own characteristics.The debate under the principle of autonomy of private law doctrine and disposition’of equality between the parties and the obligations required to be true. In our country because the system does not attach importance to making the system deep enough understanding of the theory, legislative deficiencies, the judicial practice is difficult to grasp, because of this, the author proceed from the basic theoretical issues the fiction admission, combined with the reality of the judicial status, explore fiction admission in theory and practice presented superficial improvement programs, with a view to the system more clear, accurate understanding and more effectively perform its functions.This article was divided into five sections.The first part is an overview of the fiction admission. Summarize the different points of view fiction admission defined; The fiction admission and express admission of the relationship; Detailed analysis of the fiction admission of the elements;To the enumerated statements fiction admission of the three forms.The second part is focusing on analysis of the fiction admission of legal basis. Consider themselves the nature of the debate on the doctrine of course, be an important legal basis, the author believe that litigation obligations to promote the true obligations of the effectiveness of the proceedings and the legal basis of the probability of the system.The third part fiction admission system of legislative provisions and development in other countries and regions, to learn from foreign advanced legislation to lay the foundation for improving China’s the fiction admission system.The fourth part of the lack of judicial practice of China’s the fiction admission system and theoretical defects summarized.The fifth part, based on the fiction of the fourth part of the article consider themselves the problems put forward suggestions for improvement.