Research On False Self-admission Of Civil Litigation In China

As an important system with a long history,the self-admission system has become a significant part of the entire civil litigation system because of its promotion of litigation efficiency and respect for the parties' private autonomy.However,with the development of the market economy and the re-division of the pattern of interests,social integrity has gradually declined,and the problem of false self-admission has surfaced and attracted people's attention.False self-admission often occurs in false litigation cases.It not only does damage to the interests of third parties,but also disrupts the judicial order and works against judicial authority.Even though,at present,the research on false self-admission in our country is not deep enough,and it mainly stays at the theoretical level.Many reasons such as the lack of credibility,institutional failure,and the immaturity of China's legal environment have led to the failure to effectively solve the problem of false self-admission in judicial practice.Therefore,this paper aims to analyze and discuss the concept,effectiveness,present situation in our country and causes of false self-admission,and then put forward some suggestions to prevent and regulate the problem of false self-admission in our country,so as to inspire people to pay attention on and find solutions to the problem of false self-admission.This paper includes three parts:introduction,body and conclusion.The main body is composed of four chapters.The main contents are as follows:Beginning with the civil self-admission system,the first chapter defines the concept of false self-admission.First of all,the paper defines false self-admission in the broad sense,middle sense and narrow sense,according to order of false self-admission from large to small,and gives their concepts respectively.Then,the author summarizes the components of false self-admission based on the relevant contents of the self-admission system.Finally,according to different standards,false self-admission is classified and analyzed with some typical cases in judicial practice.The second chapter discusses the effectiveness of false-admission from the perspectives of our country's legislation and academic theories.Through the analysis of relevant laws in our country,the author thinks that our country's legislation holds a negative attitude towards the effectiveness of false self-admission.However,there are two viewpoints in the academic circle:positive and negative.The author introduces them and their theoretical basis respectively,and focuses on the introduction and analysis of Debationism and Synergism.Then,on this basis,the author puts forward his own views on different types of false admission and gives his own reasons.The third chapter introduces the present situation of false self-admission that false self-admission happens a lot with the increase of false lawsuits in China.Also,causes of this problem are analyzed.The author believes that the lack of credibility,the high concealment of false self-admission,the lack of motivation for judges to find false self-admission,the flaws of the mediation system,the inadequate participation of third parties in the litigation and after-the-fact relief procedures,and the insufficient punishment of false self-admission are the main causes of our country's present situation of false self-admission.The fourth chapter puts forward some suggestions for solving the current problem of false self-admission in China,including improving relevant legislation,strengthening the protection of third parties,giving full play to the active role of the judge and strengthening the punishment of false self-admission.in order to better prevent and regulate false self-admission.