The Effectiveness Of The Civil Self-admission

Admission system is an important system in a civil action. <Some Provisions of the Supreme People’s Court on Evidence in Civil Procedures> and <Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China> make specific provisions on admission rules,however the provisions of admission rules are unsystematic. Firstly, in the subject’s effectiveness of the admission, the two laws only stipulate on the effectiveness of the parties,the other party and the court,but the effectiveness of third parties and co-litigants does not make provision. And the provisions on the effectiveness of the Court have the presence of inconsistencies in < Some Provisions on Evidence in Civil Procedures> and <Interpretation of the Civil Procedure Law>. There is the presence of gaps where the admission’s effectiveness in legislation before changing claims made by the parties will change or not. Secondly, in the effectiveness of admission between the trial stages, Section 342 of < Some Provisions on Evidence in Civil Procedures> provides that "the behavior of the parties in the first instance litigation procedures still have binding force in the second instance procedures," however, there are no answers to the question that the admission in the first and second instance litigation procedures has effect on the parties and the court or not in the retrial procedures. Finally, in the effectiveness of admission between cases, there are also some questions which need to be solved.There have been two ways to talk about the effectiveness of admission. One is dividing the effectiveness into the effectiveness of the party,the other party and the court, and the other is dividing the effectiveness into the effectiveness of admission at the end, the effectiveness of admission in the middle and marginal effectiveness of admission. Both methods to discuss have flaws yet.This article is intended to form a more complete and more systematic discussion on the effectiveness of admission. Also the author points two main doctrines on the effectiveness of admission, one is to explore the binding force on the subject of proceedings, the other is to explore the effectiveness of admission in various stages and in different cases.In the first chapter the author talks about the meaning of admission, the nature of admission and elements of admission. Then the author annotates on admission effectiveness’ s meanings, the present situations about effectiveness of admission and legal basis of admission effectiveness.In the second chapter the author expounds on different effectiveness of the parties focusing on the effectiveness of third parties and co-litigants. And the effectiveness of admission when action requests are changed is also discussed.In the third chapter the author explores on the the effectiveness of admission in various stages. And the main discussion is on the effectiveness among the first litigation procedures,the second litigation procedures and the retrial procedures.In the fourth chapter the author comments on the effectiveness of admission in different cases. And the effectiveness of admission outside litigation in different situations should be treated differently.