The Range Of Admission In The Civil Procedure

This paper mainly discusses the range of admission,in particular,the object of admission. There are three problems which have already caused widespread controversy about the object of admission: admission on the legal nexus, admission on the collateral fact and necessity of "Suicidal" elements. The full text is divided into three parts:The first part, overview of admission.Including the nature of admission, the concept,effect, and the legal basis of admission,these basic problems of admission system have been discussed in this part. Admission is not a statement of the parties, its nature is a effective judicial act. The concept of admission also should focus on the declaration of will, which means "no argument" with the opposing party on some certain idea. There are three aspects of validity of admission: the binding force of the admission, the party which made the admission can not withdraw his admission freely; considering the admission,the opposing party do not have to carry the burden of proof; for admission of facts, the court shall review the authenticity. As the most direct legal basis is doctrine of adversary, in addition to disposition principle, estoppel principle.Moreover, admission is the purpose of civil litigation and litigation efficiency.The second part, this part is the main contents of the article, mainly discusses the scope of admission, including three chapters, discusses three basic problems caused widespread controversy in the range of admission object respectively..Legal nexus can become the object of admission, namely the right validity of admission problem. This paper thinks, confession has estoppel effect on the parties, from the other burden, but cannot exclude the court finds that the legal relationship.Collateral fact can apply admission. First of all, collateral fact cannot be applied admission is derived from the doctrine of adversary misunderstanding. Secondly,because collateral fact effect the main facts endorsement by experience and logic, "similar to evidence", so there are “gaps” of experience and logic between the admission on collateral facts and the main facts, collateral facts admission will not damage the free evaluation of the evidence about the main facts and evidence.Whether admission fact must be "Suicidal". "Suicidal" has always been a general viewpoint in our theory about admission. However, we should abandon this element of admission, as long as the parties had no dispute on some certain proposal can constitute admission, with a view to promoting the action as soon as possible.The third part, thinking and suggestion on the admission system in China. Based on the range of the admission, our country needs stipulate admission at the legislative level, needs the right understanding of Doctrine of adversary, a correct understanding of self-properties and concepts, clarifying the scope of admission, the right boundary between the court and the parties, the judge’s interpretation obligation.In order to construct a sound admission system that suited to China’s national conditions, promote the transformation of our litigation mode.