Research On The Statements Of The Parties In Civil Action Of China

The party’s statement is an important part of civil procedure, and its function is to give full play to the program and the outcome of the proceedings of justice has an important impact. In this paper, Seeing, at an angle of statements by the parties function as a starting point, combined with the party’s obligations, discussed the basic theory and other third-party obligations, in order to Statement System of the parties to provide useful suggestions.In addition to the introduction, the passage is mainly composed of the following four parts:Chapter one: ‘Theoretical Analysis and positioning statements by the parties’. Mainly analyzes the constituent elements of the parties’ statements, functions and nature of the statements by the parties content microscopic analysis, the district party statement made during the proceedings into evidence and non-evidence of the parties’ statements, and statements by the parties to explore the proper function, institutional building for the parties to the following statement made good bedding.Chapter two: ‘Our Civil Status and analysis of the reasons statements by the parties’.Through analysis of the ways functionalist, analysis of the plight of the status quo parties’ statements and analyze the causes of the formation of this status quo, explore its function of statements by the parties in the proceedings breakthrough.Chapter three: ‘Extraterritorial Comparison and Enlightenment of the parties’ statements’. Comparison of methods used by comparing legislation of common law and civil law, which draw on the specific system outside parties’ statements, in order to build the system of statements by the parties to provide ideas.Chapter four: ‘Our statements by the parties to institutionalize recommendations’. The actual methods discussed by the theory of statements by the parties to institutionalize the rule of law need to be modernized, the parties released a statement about the function of specific institutional design, the obligation to establish the true party,third-party obligations, the introduction of the party system and asked the parties to hear system so give full play to its functions set forth the facts and evidence functions,and the role of the judge correct positioning and perfect judge’s interpretation system.Such institutionalized, both modernity but also reflects China’s national conditions.