The Object Of Admission On Litigation

Admission can be consisted by admission on litigation and admission outside litigation.In the books or jurisprudence of Anglo-American law system countries,admission are commonly pointed as the outside one and mostly recorded in the law of evidence,and their nature is regarded as evidence,with evidence of the role and effect.There is a few requirement for admission outside litigation in civil procedural law in civil law countries,the court will consider themselves ready to debate or outside the program as evidence of material to be verified in Anglo-American law system countries.Thus,the claims referred to in this context refer to admission on litigation,that is,the representation of the parties or their litigants in the court debate or preparatory process.Admission on litigation,refers to "parties in oral argument or debate program proceedings(under current law to prepare the debate on the program)," made with the opposite party advocated a consistent and statements not favorable for himself.This definition was put forward by professor jianziyi,a jurist in japan.At present in the Japanese scholars in the general position,in this definition,admission on litigation focused on the parties in the fact that the consistency is a conceptual expression,and the party's inner meaning effect is not asked.To explore the object of their own to solve the problem is what the fact that even the right relationship can be incorporated into the scope of admission on litigation,so the application of admission rules and play their own effect,admission for the parties and the court are binding.For the court,the admission featured "trial exclusion effect","evidence investigation exclusion effect",the fact admission of parties,which the court should be directly identified and not to make the opposite of the judge,in other words,the establishment of admission into the basis of the judgment,the court may not be re-trial.The court for the fact that after the loss of the right to the trial,naturally have no right in the evidence investigation,the court's power is limited at the same time,admission also eliminates the arduous investigation of its evidence,so that the court and the parties can spare no effort to focus on the other disputes,so as to improve the efficiency of litigation.For the parties,the admission featured "evidence is not effective" and "irrevocable".For a party with admission,the opposite party to this fact without proof and proof,you can "from the proof of the necessary liberation." The opposite party thus produced a trust interest,instead of preparing other facts of the evidence and proof,on this basis,if the admission can be arbitrarily withdrawn,it will cause a raid on the opposite party,the other opposite to be overturned facts to re-proof and explain,if not fully prepared.Therefore,the parties can not be arbitrarily withdrawn before the establishment of the admission,nor have to make an anti-statement with the previous admission,which is the principle of the prohibition of the original meaning,to avoid admission as a party to the opposite side suddenly attack and then get the interests of litigation tools.In litigation,the method of attack defense between the parties,usually in terms of claim,denial,or defense,the order of the defense of the order,but by the impact of the right at any time,the fact that the parties are often intricate,has inverted.And the fact that the facts of the parties,the main facts,the indirect facts,the auxiliary facts of the points,whether these facts can become admission object? If you can,the fact that the classification of evidence in admission rules are necessary,in other words the main fact can be the object of admission,then the parties to the indirect facts and the fact that the admission can produce admission of the effectiveness of their unified rules for admission,then in the admission system may no longer treat the facts Division.At the same time,the judge's judgment includes not only the judgment of the facts but also the legal judgment.Under the basic framework of the litigation in which the state public power is involved in the settlement of the private right dispute,the conclusion of the judgment is not only made by the judge,but also whether the parties have made the judgment(Such as abandonment,recognition,admission),and the parties to the conclusion of the law necessary to determine the law,for example,as a prerequisite for the interpretation of laws or regulations,litigation subject matter of the legal relationship exists whether or not Whether there is a right to judge,in terms of civil litigation in China,there is no express provision.Whether the above questions belong to the category of right to admission,whether the civil action in our country recognizes the right,whether the existence of the judgment as a prerequisite or the legal effect advocated by a party,whether the party has the right of judgment,which involves the litigation how the relationship between the litigants,how to divide the rights,our scholars are not much research,but in Japan and Germany,there are many academic literature and controversy for reference.In addition to the facts,whether the evidence can be entered within the scope of the admission rules,that is,if a party to the other side of the evidence against the other side to be recognized,the evidence can be exempt from cross-examination by the the judge directly confirms his testimony.The consideration of this hypothesis should also be discussed from the relationship between the evidence and the fact that the evidence presented by the opposite party and the fact that the opposite party's claim will lead to the same legal effect is that we are evading in the process of identifying the object not opened.This paper intends to solve the following questions: First,weather the evidence can become admission object? The relationship between evidence and the facts,and secondly,whether or not it is confined to the fact that "not favorable for himself",that is,the "unfavorable" requirement can be excluded from the elements of the object.Again the indirect fact can become an admission object,the parties to the indirect facts that can restrict the court? Or bind the parties? If the indirect factual admission,the principle of the debate and the object of the admission of whether the need to decouple,and the fact that the authenticity of the book in the authenticity of the self-determination of whether the self-recognition of the object,whether the object can be included as a prerequisite for litigation Rights and legal relations,in other words,should they agree with "right to self".If it is agreed,then the scope of the object of "right to self" should be limited,or that it is entirely the same as the fact that the following is a combination of the above general understanding of the basic rules of admission,to sort out these controversial issues and review.The first chapter discusses the various views on the object of the study,mainly the facts of the case,the facts of the case and the request,the facts and evidence of the case,the facts of the case and the relationship between the four categories of rights.The second chapter focus on whether the evidence can be the object of admission.The discussion of this problem is based on the basic concept of evidence.In the process of establishing the concept of evidence,there is material and fact that this article uses material,The fact that the case can not be equal,it also determines the evidence can not be included in the scope of the facts to become admission object,and finally,on the evidence should not become admission object also has other evidence to support.The third chapter first introduces the main facts,the indirect facts,the definition of supporting facts,the traditional view that the facts can be recognized only the main fact,and indirect facts and supporting facts are excluded from the scope of the admission,the basis of theoretical legitimacy comes mainly from debate.Secondly,the author first discuss the indirect facts can be considered,the academic point of view is divided into affirmative and negative,the author of these views after a brief analysis,that certainly more scientific,that the parties can be on the indirect facts It is based on the fact that the recognition of the indirect facts does not overly restrict the free evidence of the judge,and that the previous scholars have a certain degree of misunderstanding of the debate principle,which leads to the fact that the debate is considered to be applicable only to the main facts recognition of the recognition of indirect facts can prevent litigation raids.Finally,the question of whether the admission of the ancillary facts is that the most controversial question lies in the authenticity of the instrument,the authenticity of the instrument is a supporting fact,but if the parties to the authenticity of the instrument admission,may lead to the recognition of the main facts the same litigation consequences.The fourthchapter first introduces the concept of the right of admission,mainly in the broad and narrow sense,broad sense of the right of admission also includes the parties to the opposite party advocates the fact that the legal effect to be recognized.And then elaborated on the right of admission and factual differences,which is why the author put admission as a separate chapter to discuss.Secondly,there is a different view of whether or not to recognize the concept of admission,denying that the right of admission will deprive the judge of the exclusive right to judge on the law,and will damage the objectivity of the judgment,resulting in substantive injustice The It is certain that private law autonomy is the basic principle of civil action,the primary function of civil litigation is to resolve the dispute,as long as the parties reach an agreement,the judge has no right to interfere too much.Finally,the author of the above two kinds of doctrine combing analysis,get their own point of view,the right of admission should be recognized in the concept,but its scope should be a reasonable limit on the practice of possible flaws can be corrected.The analysis of this paper is to sort out the theoretical points and reasons of the current controversial issues,and then combine the relevant facts and legal basis to judge these views,and finally in the process of judging and analyzing the content of these controversial the main point of view and conclusions,and find a solution.