A Study On The System Of Self-admission In Civil Litigation

The system of self-admission can effectively guarantee fairness,improve the efficiency of procedure,and maximize the advantages of self-admission in procedural law.From the point of view of the procedural law of each country in each major legal system,whether in the field of theoretical research or in the field of judicial practice,the self-admission system is a very important procedural system.China's self-admission system was clearly established in 1992.It took one year before there were further provisions on self-admission system in China's law.At present,China's self-admission system is in a situation of unsystematic legal provisions and relatively confused operation in judicial practice.Firstly,this paper analyses and studies the relevant issues of the self-admission system in different countries at the theoretical level,compares the relevant legal provisions of the two legal systems and regions,and briefly analyses the current situation of the self-admission system in China,and the significance of the comparative study for the self-admission system in China.In the last two parts of this paper,it is also the focus of the full text.It lists several main problems existing in the self-admission system in China.Then it solves the problems on the basis of finding out the problems,and how to establish an effective self-admission system to adapt to the objective development of our society,based on the theory of self-admission system.This paper is mainly divided into four main parts:Part I: An overview of the basic theory of self-admission system.Firstly,it briefly introduces the historical evolution of self-admission in our country and other countries,expounds the relevant theories of the concept of self-admission system,and compares self-admission with other similar concepts.Then,it demonstrates and analyses the controversial issues of the attributes,classification and characteristics of self-admission.The second part: Comparative Law Research on self-admission system.On the basis of collecting and reading a series of relevant literature,the author makes a comparative study and analysis of the self-admission system established in Anglo-American law system,continental law system countries and regions,and finds out the similarities and differences of each legal system and the advanced provisions of each country.Then it briefly describes the relevant provisions of self-admission in our law and the legislative significance of our country.On this basis,from the perspective of comparative law,this paper analyses the advantages and disadvantages of the self-admission provisions in common law system and continental law system,so as to provide reference for the improvement of China's self-admission system and effectively help the establishment of China's self-admission system.The third part: Through the in-depth study of our country's self-admission system,from the perspective of legislation and judicial practice,this paper analyses the current situation of our country's self-admission system,finds out the main problems of our country's lawsuit field about self-admission,and finds out the reasons for the above problems in order to improve our country's self-admission system.Part IV: Through the third part of the analysis of the causes of the problems in our self-admission system,on this basis,this paper puts forward some humble opinions for the improvement of our self-admission system,corresponding to the relevant issues,from the legislative and judicial practice perspective,the author's improvement point of view,with a view to improving our self-admission system to do a modest effort.