The Dilemma Of The Confession System In China

The amendment to the admission system in the Interpretation of Civil Procedure Law promulgated in 15 years has further weakened the validity of the party's admission.When the fact that the admission of facts can not really form a constraint on the judge's jurisdiction,the admission system also loses its significance.The direct motivation of the admission system is based on the purpose of regulating false admission.However,the regulation of false self-admission should be investigated from the attributes of the self-admission system,China's litigation system,judicial ideas and other factors.There is a lack of the system of self recognition under the restriction of the system of res judicata.Due to the undue expansion of the effect of predetermination facts and the wrong understanding of the way of trial,the self recognition has the effectiveness of the world.Scholars advocate that the court should further strengthen its powers and verify the admission of facts in violation of the basic principles of the admission system.Relying on the judge to identify the facts of self recognition can not achieve the purpose of regulating false admission.Hoping to refine the principle of good faith,it can play a very limited role in the absence of judicial authority in China.The principle of debate and punishment,which is the basis of self admission system,is inconsistent with our traditional concept of authority.In the absence of res judicata system,our existing system can not effectively regulate false self-admission,and exaggerate the harm of false self-admission.To solve the problem of false admission by traditional way of thinking of power and authority will only weaken the effectiveness of our admission system.The key to resolving the dilemma of our country's self recognition system lies in the conversion of the concept of traditional powers of exploration and the establishment of a system of res judicata that is matched with the system of self recognition so as to make the parties confess to the judges and avoid the harm of false recognition.