The Study On The Problem Of The Admission In China

Admission refers to a legal action in which one party makes clear acknowledgement or indication of theself-defeating statement made by the opposing party.There is no specialized admission system in the Civil Procedure Law of China.There are only few of regulations aboutadmission in our law system and those regulations focuses mainly on the provisions of the judicial interpretation of the Civil Procedure Law.And the system of admission is incomplete and lacking in integrity.This paper will analyze the component of admission drawing on the experience from different countries(or region)about the legislation of this issue and some academic pointes of view from scholars.Apart from that,this paper will ask question and seek answers on the basis of reviewing relevant provisions of China's legislation.The article will analyze the cases about admission using real-life cases and theoretical knowledge of the Civil Procedure Law.In the writing of this article,the author does not merely focus on cases analysis itself,but also pay attention to combination reflected by cases,which is the fusion of legal regulation,theoretical research and juridical practice.This article is divided into the following five parts.The first part mainly introduced two cases refer to admission in civil suit,which leads to the problem.The second part is about the basic theory of admission.This part is composed of four sections:the basic concept of admission;the characteristics of admission;the nature of admission;the reasons behind the establishments of admission system.The author makes example analysis about admission lawsuits in the third part.The fourth part talks about the confusions of admission system as well as litigation practice.This is the core part of thesis discussion,which combines with the current situation as well as history of admission law.This part includes the historical evolution and self-evaluation about the legislation of admission system and the concrete confusion existing in the practice of self-admission in the Civil Procedure.The author makes several suggestions in the fifth part to improve our admission system,basing on the previous case analysis as well as the summary of legislation of admission and academic discussion in various countries(regions).The suggestion includes:Firstly,the law should make corresponding provisions on the admission within litigation and admission outside of litigation.Second is to improve the tacit admission and establish the recovery system.Third is to establish system of the litigation agents' withdrawal of admission.Fourth is to perfect the regulations of admission exclusions.In order to benefit the development of legislation in China,we must study the problem of the admission.