Ignorance Statement Of Litigants In Civil Procedure

In civil procedure, the ignorance statement of litigants is a special form of statement between admission and dispute, but its legal effect is fuzzy, needing to be regulated by law. About this,there are mainly two kind of treatment methods in the major countries and regions of the continental legal system. First,on behalf of Germany, establish the legitimacy of the ignorance statement of litigants to limit the ignorance statement of the litigant without claim responsibility; second, with Japanese law as a typical, the effect of the ignorance is judged by the court of appeal and using that to limit the ignorance statement of the litigant without claim responsibility. On both legislation theory and explain theory, these two kinds of legislation examples are quite different. However, our country has no corresponding regulation traces about the ignorance statement of the litigants nowadays, whether depending on the civil procedure legislation or judicial interpretation. There will be no basis for the court of appeal on dealing with the ignorance statement of the litigant without claim statement, that will lead to legal instability. To balance the interest of litigation between the both parties, it is especially important to regulate the ignorance statement of litigants under the idea of centralized trial and litigation promotion.The full text is divided into five sections:The first section: present of the problem. This part starts with how to identify the ignorance statement during the litigation process. First of all is to make sure whether we should permit the ignorance statement generally or regulate it, and then to deduction the methods of regulation. Moreover, the litigation adjudication needs the joint efforts both court and litigants. The court cleans up issues by the litigant’s statement, and then the litigation process will go into the part of the investigation of evidence. From this point, if the court allow litigants to have ignorance statement, that will leads to the tensions with the legal obligations of them.The second section: the theoretical framework of the litigant’s ignorance statement. The litigants and courts have a lot of legal obligations, of them having the closet relationship with the ignorance statement are the true obligation of parties, specific obligation, obligation of litigation promotion and the clarify obligation of judge. This part depends on the relationship between the ignorance statement and the obligations mentioned above. The true obligation of parties is the theoretical premise of the ignorance statement; the exception of specific obligation is the ground of the ignorance statement; obligation of litigation promotion has internal conflict relationship with ignorance statement; the clarify obligation of judge is external assistance of ignorance statement.The third section: the reference of legislation from abroad of ignorance statement. China’s civil procedure adopts the same adversary structure with the countries and regions of the continental legal system, Germany, Japan and Taiwan are the typical representatives, they all have regulations about the ignorance statement, but the regulations are different from each other. By having a full range of comb on Germany, Japan and Taiwan’s ignorance statement, we will try to get some experience of regulating the ignorance statement of our country’s litigants,thus to put forward a Chinese path about regulating the ignorance statement of litigants.The forth section: the evaluation of regulating the ignorance statement of our country. Although the ignorance statement lack the exist space in our judicial practice from current situation. In our country’s civil proceedings, it is still full of necessary to have prior regulation. This part is mainly to give detailed combing about the background of ignorance statement of our country. First of all is to clarify that the current law in our country does not have any regulation of the ignorance statement of the litigants; secondly is to clear that our country has obviously inadequate on the guarantee mechanism of ignorance statement, mainly including the unclear position of statement of the parties, the thin obligations of statement, incomplete confession of fiction and so on.The fifth section: the specific regulation of ignorance statement of litigants in China. This part expounds three aspects of regulating ignorance statement. Firstly, improving the guarantee mechanism of ignorance statement of litigants; secondly, establishing the specific content of ignorance statement of litigants; thirdly, clearing further dissent path of ignorance statement.