Discussion Of False Self-admission In Civil Litigation

In recent years, false self-admission problems sometimes surfaced in China’s judicial practice, especially often in false lawsuits. The appearance of false self-admission problem is not only related to the parties’ blind pursuit of illegal interests but also to the self-admission system of civil procedure. False self-admission acts not only seriously undermine the legitimate interests of third parties or the public interest, but also waste a lot of judicial resources, undermine judicial authority, even cause unfair cases. However, due to the current academic study of the problem of false self-admission is not deep enough, practitioners is the lack of effective identification and regulation methods, so practice a false admission issues yet to be effectively addressed. Therefore, this article will start one by one for detailed discussion of the concept of false self-admission and main types, causes,damages and identification and regulatory issues of false self-admission.This essay includes three parts: introduction, text and epilogue.Among them, the text consists of five chapters.The main contents are as follows:The first chapter is starting from the connotation of civil self-admission, to define the concept of false self-admission and the discussion of false self-admission in this paper is limited in a narrow sense, which means the recognition of the other party to have been made maliciously party adverse claims and legal action will be against the interests of third parties or public interest represented a false meaning. Then, according to the different classification standard, carrying on the division to the basic type of false self-admission and the analysis of typical cases of false self-admission of judicial practice,which lay the foundation for the recognition and regulation of false self-admission.The second chapter is the analysis of the cause of false self-admission from the lack of integrity of the parties, illegal cost and the income imbalance and China’s civil self-admission system itself defects and points out the dangers of false admission.Demonstrating the necessity of the recognition and regulation of false self-admission is based on this argument.The third chapter discusses the current situation and reasons of the difficulty to identify false self-admission and build a unified identification mechanism from four aspects to identify the body of false self-admission, such as identification of the subject,object recognition, identification method and effect, in order to solve the difficult problem of identifying false self-admission.On the basis of solving the identification problem of false self-admission, the fourth chapter further regulates it from the regulation subject, regulation of reason, regulation principles and regulation paths, which strives to better prevention and regulation of false self-admission, in order to fundamentally solve the problem.The fifth chapter mainly improves the relevant supporting system from several aspects,such as the rules of self-admission from perfect, perfect protection of a third person outside the case and the establishment of a false self-admission party litigation credit history archives, etc, which ensures successful identification and regulation of false self-admission.