The Study Of Statement System Of Party From The Perspective Of Discourse

Because of its importance in the proved meanings,the statement of party has been lead into law text as form of legal evidence.As a form of legal evidence,but the statement of party has not been fully affirmed and used in the practice.Until the enforcement of Judicial Interpretation of Civil Procedure Law in 2015,added to the situation that when the party at presenting,he should follow the principle of honest and trustworthy to swear and sign the procedural requirements of guarantee.Although the regulations make up the insufficient in the procedure of statement of party,but it has not resolved the insufficient of relative system factors in the concrete connotation,probative value,and evidence status.This thesis breaks the situation that only makes the statement of party as evidence's form with traditional and single perspective view in judicial application,try to under the guidance of communication approach,combining with the western habermas' s discourse theory and statement of the party in our country's procedural law department.Then,we will regard the traditional litigation as a procedure of integration of reality and normative speech.Among them,as the basic form of litigation act,the statement of party is the most important speech activity in litigation.Except the preface,the thesis has four parts.And the four parts have discussed the statement system of the party.The first part is the summary about the statement system of the party.According to the definition of concept of statement of the party,we have a better understanding of the nature,character and function of the statement of party.The second part is on the analysis of problems and reasons of the statement of the party.According to the analysis of statement of party of the problems and reasons existed in the legislation and judicial practice,and then provide the theoretical basis for improving system of statement of party.The third part tries to use the habermas' s discourse theory and civil litigation negotiation theory to improve the theoretical basis of the statement discourse theory of party.Among them,according to the explanation of habermas' s discourse theory and civil litigation negotiation theory,this paper provide the profound theoretical basis for our national statement discourse theory of party.The forth part is the design for improving the specific ways of the statement system of party.Under the guidance of the principle of authenticity,legitimacy,and sincerity,this paper macroscopic ally holding the development direction of the statement of party.According to ask and listen to the system of party,and establish the procedural rules for asking to the party,improve the statement system of listening to the party,improve the restraint mechanisms and relative systems for statement of party,give the specific designs for the statement system of party,so that it has achieved the legalized and rationalized litigation modes.Furthermore,it may promoting the further development and research of the theory and practice in contemporary China's rule of law.