Empirical Research On The Statement Of The Parties In Civil Litigation

As the initiator and propellent of civil litigation,the party's statement has multiple functions such as identifying the case,summarizing the focus and promoting the internal confirmation of the judge.Under the influence of adversary system,the parties' statement gradually developed into a kind of independent evidence,which was recognized by continental law system and Anglo-American law system.In 2012 amendment to the civil procedure law in China,the party statement was ranked 1st as previously as 5th in evidence in civil litigation,which reflects China's legislature put high value on the parties present evidence attribute value.However,the existing laws of our country are relatively crude and lack specific instructions,there are many disputes in practice regarding the parties' statement.And there are confusions among the statements of the parties and the claims of the parties,defense,acknowledgement,emotional outlet,which leads to the parties present evidence attribute marginalized.First of all,the author focuses on the situation where the current theoretical and judicial circles can't understand the concepts and composition of the parties' statement,and then elaborates and defines them at the beginning of the article.At the same time,through the comparative law study on the relevant provisions of the continental law system and the countries and regions of the common law system,the development and the realistic effect of the system of the parties' presentation are expounded.Second,analyzed the presentation of the existing regulation in China,and relying on database of written judgment,studying the statement by the parties in civil judgments in China in recent years with big data analysis.it is concluded that the statements proportion in litigation,the trend of the judicial practice,the types of cases as well as other relevant data,analysis of the reasons behind and the institutional defects.Finally,according to the results of empirical analysis,I will explain the stated by the parties under the present system by reconstructing the institutions of state and the future parties respectively expounds,and demonstrates the necessity to reconstruct the party system in China and the relevant principles,combined with China's specific conditions,and the theory discussion about the necessity to reconstruct,to help the client presentation of theory and practice in China.