On The Self-confessed System Of Civil Litigation

The self-admission system is the important part of the civil procedure law,in the legal system of mainland,the typical countries and areas have made more detailed provisions for self-admission system in the legislation.Self admission is that during the litigation,one party admits the unfavourable facts of the case that the other party advocates.China's Civil Procedure Law did not involve the content of self admission in the two amendments in 2007 and 2012.And the Civil Litigation Interpretation made limited improvements for self admission.Based on the concept of self-admission system definition,this paper discusses the discrimination and analysis of related concepts with self admission and the theoretical basis of self admission etc.Compared with the advanced foreign legislative experience,our self-admission system has the unclear effect of the self admission of the first instance on the second instance or multiple instance,with the lack of effective regulation for false admission,the lack of the defending provisions for drafting and making self-admission system,as well as without making specific provisions for restricting self admission.In judicial practice,there are still a large numbers of problems about the supporting mechanism of the self-admission system to be solved.Combined with the advanced legislative experience of foreign and Taiwan region of China,this paper proposes to define the effect of self admission in the second trial and the retrial,effective regulate the false admission,clearly draft and make the applicable situation in self-admission defending,and define the provision for limited admission and improve the supporting mechanism of admission.