The Parties’ Statements In The Civil Procedure

Undoubtedly, litigant is the procedural subject in civil litigation, with their legitimate rights fulfilled by certain litigation acts. As a conventional form of civil litigation act, The parties’ statement plays an extraordinarily significant role in the whole procedural framework of civil litigation. The parties’ statement in China, however, shows some limitations due to the vague boundary between the alleged and evidential litigant’s statement. For this reason, judicial community often neglects and even extremely weakens the evidential function of litigant’s statement.Given the values of legal order and litigation efficiency, Then, various methods such as comparative study, case study and historical investigation are utilized to elaborate the basic principle of litigant’s statement, with focus placed on conducting a systematic study on the evidential form, procedure, aid and safeguard of the parties’ statement as an evidential means in combination with China’s existing civil judicial system.In this paper, the body of thirty thousand words is divided into four parts as follows:Part I: An introduction is given to litigant’s statement. This part mainly revolves around the connotations and extensions of litigant’s statement. At first, a brief introduction is given to the definition and characteristics of litigant’s statement, and then, focus is placed on expounding the categories and functions of litigant’s statements.Part II: The extraterritorial investigation into the parties’ statements system is implemented, with emphasis placed on exploring the parties’ statements as an evidential means.Part III: The limitations of the parties’ statement in China and their causes are analyzed. To address the problems of existing legal provisions, corresponding solutions have been proposed, including the analytical study on the understanding, application and critical improvements of relevant provisions of procedural law.Part IV: The parties’ statement in China is improved. Parties statement system shall include relatively perfect institutional systems and procedural norms for the purpose of integrating the institutional environment of litigant’s statement with peripheral systems and measures. Firstly, litigant’s statement shall put forward its institutional design. Secondly, the procedural driving force of litigant’s statement shall be enhanced by means of two procedures, including inquiring the litigants and hearing litigant’s statement, so as to attain the litigation goals of ascertaining litigation relationships and communication information, sorting out the issues and forming the free evaluation of evidence. Finally, a brief analysis is performed on the perfection of relevant systems as well as on how to guarantee the authenticity of litigant’s statement so as to void false statement or statement distortion.