The Effectiveness Of Self-admission In The Civil Procedure

The effectiveness of self-admission in the lawsuit is a party who accepts its reality when theother party advocates facts,without the proof of the other party and also without investigating thereality of fact that the court with the authority, the self-admission has sanction to the party andcourt and limit the scope of the dispute and the burden of proof.Admitting the effectiveness ofself-admission is identity of free will, fully express their will and freely dispose their right,helpto weaken the judge authority, strengthen the principal position of the parties,to promote ourcountry civil litigation pattern from the functions and powers doctrine to the adversary;and it ishelpful to simplify the procedure, improve the efficiency of litigation, make full use of thelimited judicial resources.But according to the existing law, using the avowed rules will producea series of problems, we need to perfect the rules. When self-admission is in legal cases it can bewithdrawn in the process of Civil litigation, it lead to record inconsistent.so we can make therecord separately for the fact that the parties acknowledged,Distinguish it with the general trialrecord.The supreme people’s court in the fourth paragraph of article8of provisions on evidence,the existence of the provisions of article seventy-four of the acknowledgment to revoke isconsistent,it can lead to the uncertainty of the application of law, easy to cause confusion, unifiedthe rules need to legislation.More functions and powers doctrine mode in our country’s civillawsuit pattern influencing the effectiveness of self-admission, and the model is the idealenvironment to exist for self-admission rules, so we need to change the litigation modefundamentally.