Discussion Of The Admission System In The Civil Procedure

Technology with the development of the society, national legislation and legislativelevel unceasing enhancement, the civil procedure law as a procedural law is perfectedconstantly, has also been evidence in a civil lawsuit system of rich and reasonableapplication. Avowed system based on the theory of principle of debate, and grow insoil above the adversary model. Identity system of claim from the parties of disputesthe fact of the burden of proof, in the implementation of the economic and legalefficiency at the same time also fully respect the disciplinary right of the parties andparty autonomy. At present, the development of the civil lawsuit in our country is infrom the functions and powers doctrine mode to the period of transition, the adversarymodel identity system is the inevitable requirement of litigation mode, in the west hasa direct and far-reaching influence in the history of evidence. Identity system inwestern countries have obtained long-term development, whether theory or practicecontent content is quite rich. Released by the supreme people’s court in our countrythe provisions about civil action evidence of the identity system also has a relativelysimple rules, mainly related to the concept of identity, basic functions and legal effect,etc. But about avowed no specific definition of the civil procedure law in our country,for there is also a series of problems, coupled with the litigants lack of integrity,identity system play the positive role of also is not good. Based on the in-depthanalysis of legal theory on system of identity, on the basis of the identity system oflegal status and the contradiction between the demand of perfecting legal system andpractice, put forward Suggestions to improve and perfect the system for admission,the identity system give full play to the role of the improve the efficiency of litigationincrease litigation efficiency. Based on the basic theory, this paper first gives a generaloverview of the identity system, including the definition of identity covers and relatedto the identity of contrast and analysis of the concept of the nature of the doctrine oflist about admission, to think the analysis of legal basis as well as to the identity oftype description and brief introduction for myself; Then is to the identity system ofcomparative study, this article compiled can collect related information, from theAngle of comparative law of Anglo-American law system and continental law systemcountries and regions think system has carried on the detailed investigation,summarizes the two major legal systems of the identity system, in order to get adeeper understanding of identity system and help to building of avowed system in ourcountry; Finally in made on the basis of analyzing the current situation of the legislation of our country, demonstrates the defects of the system of identity in China,put forward from the aspects of legislation and the related system of our country thinksystem perfecting suggestion.