Administration With Limitation Of Civil Procedure

In the system of civil litigation self-recognition,the self-recognition of additional restrictions is one of the abnormal forms.In theory and judicial practice,foreign countries or regions have a deeper discussion and research on the self-recognition of additional restrictions,and some countries or regions have made explicit provisions in legislation.However,the current litigation legislation and judicial interpretation in mainland China do not have any relevant provisions on the admission of additional restrictions.However,in the judicial practice of civil procedure,the self-recognition of additional restrictions exists,especially in contract litigation and tort litigation.And because the meaning of the legislation did not think of additional restrictions,forms,efficacy,and the burden of proof allocation to make clear a regulation,so the court's avowed case additional restrictions there processing,have different decision,caused the instability of the law.In order to improve the self-recognition system and to play the function of the additional restriction,it is very important to restrict the self-recognition system.Apart from the introduction and conclusion,the thesis is divided into four parts:The first part limits the basic theory of self-recognition.First from limiting the meaning of identity,limit the meaning of identity can be divided into general limitations to identity and special identity two parts,and then on the basis of limit think different paper expounds on its form of expression of meaning,introduced the generalized limit think there are three kinds of forms,and the narrow limit form a kind of identity;Secondly,the differences between self-recognition and complete self-recognition and conditional recognition are compared.Again,avowed constitutive requirements of limit,to limit the time of the identity defined as in the process of litigation,the main body of statements in addition to the parties also contains the facts of a third person,shall be for their own interests the main case facts,the statement of conditions,it shall be an identity with certain constraints;In the end,it will limit the distinction of self-recognition to the meaning of expression and the notice of concept,which should be informed by the concept as its nature.The second part discusses the status quo and problems of self-recognition in China.Because the current civil legislation in China does not have any provisions on the limitation of self-recognition,there are some problems in practice due to the numerous restrictions on self-recognition cases and judicial precedents in judicial practice.This part mainly discusses the connotation,validity,distribution of responsibility and revocation of recognition of self-recognition.The third part limits self-recognition of the extraterritorial investigation.By continental law system and Anglo-American law system countries or regions main countries or areas about avowed restrictions investigation,comparing the main countries or regions in two important legal systems limit the different identity research,and on this basis,try to make the certain enlightenment and reference.The fourth part elaborates the concrete construction of the self-recognition system of additional restrictions in China's civil litigation.This part mainly carries on the concrete construction from the following five aspects to the restrictive self-recognition system: first,it clearly stipulates that the self-recognition is separable in certain circumstances;Second,clearly define the connotation of the self-recognition of additional restrictions;Third,explicitly stipulate the self-recognition of additional restrictions and their effectiveness;Fourthly,it clearly stipulates the distribution of proof responsibility for the self-recognition of additional restrictions;Fifth,explicitly stipulate the self-acknowledgment of the additional restrictions.