The Study On The Application Of The Estoppel In Self-recognition

It is one of the situations in which the principle of estoppel is the main performance of the principle of good faith.As the civil procedure law of the People’s Republic of China in 2012 and the supreme people’s court applied interpretationn of<the civil procedure law of the People’s Republic of China>in 2015,estoppel rules become popular in practice.The self-recognition system is the best embodiment of the rule of estoppel in civil proceedings,which not only obtains the recognition of many scholars in theory,but also becomes the main field in which the court applies.However theory and legislation for the lack of specific provisions shall be applicable in the identity,estoppel in practice in the acknowledgment for the existence of "one thousand" phenomenon,it is difficult to play the best effect on procedural law,even appear improper applicable phenomenon,apply into disorderly situation.Through the detailed study of the court case,estoppel will apply in acknowledgment of a numerical analysis on the transverse and longitudinal transverse resolution from the space distribution,type,statistical,program type distribution,etc;The longitudinal analysis is mainly based on the applicable conditions,breakthrough elements and applicable results.From the case analysis,it can be found that there are many problems:different applicability;low threshold;different breakthrough elements;apply the results of subjective.Through the analysis of the above problems,the reasons for the abuse of the estoppel in self-recognition are analyzed.Firstly,the application of the rules of estoppel is vague,which leads to the difficulty in forming a unified understanding of the applicable elements in the application process.Secondly,applicable breakthrough reason imbalances,legislative regulation of breakthrough reason has many optional,applicable standards and practice also exists strong bias,estoppel lead to breakthroughs in reason is difficult to form a consistent cognition.Thirdly,the application result of the prohibition against the rules of the prohibition,the application of the prohibition,and whether or not to use the self-recognition fact as the basis of the judgment are guided by the subjective will of the court.Fourthly,the punishment mechanism of the forbidden rule is deficient,and the litigant is free to make the lawsuit.Fifthly,estoppel constraint specification,the principle of good faith to form the framework of "system of principles,rules," and lead to mixed rules and system,rules from system for space.Sixth,the conflict between the rule of prohibition and the mode of authoritarianism,the court has extremely strong procedural control and discretion.Through the concrete analysis of the problem,this paper puts forward the following considerations:firstly,the application conditions of the rules of the prohibition of the prohibition are elaborated;second,ly,the exception of the applicable rule of fixed prohibition;thirdly,the application results of the rules of forbidden and anti-speech are strengthened;fourthly,the application form of the rule of prohibition is clarified;fifth,set up the disciplinary mechanism of the rule of prohibition;sixth,improve the relevant system.