The Study Of Self-admission In Civil Procedure

Self-admission system is the product of the adversary proceedings.The Principle of Self-disposition,the Principle of Debate and the Principle of Good Faith are the theoretical basis of self-admission system.These three principles are the direct basis for the effect of self-admission system.The self-admission system respects the willingness of the parties to how to dispose of their rights.If one of the parties admits the fact that it is against him,The other party can be exempted from the burden of proof.Self-admission system can simplify the procedure.The full use of self-admission system in judicial practice can greatly reduce the cost of litigation and achieve the goal of litigation economy.The paper studies the self-admission system from different perspectives.This paper compares the relevant theories and legislative provisions with foreign countries.Summarizing the meaning,the classification,the properties,the effectiveness and the withdrawal of self-admission system.The rules about self-admission system in the provision of Civil Evidence which is released by the Supreme court and the law will come into force in May 2020.The legal document on the self-admission system are not systematic and cannot deal with the difficulties in judicial practice.Therefore,the Supreme People's court amended and supplemented this legal document.This paper briefly introduces the contents of the revised provisions of Civil evidence which include entrusting litigant agent's admission,common litigant person's admission,admission with limitation and the conditions for withdrawal of self-admission.The law has not changed the self-admission system much so the legal provisions of self-admission system are still not systematic.In judicial practice,there is a lack of effective guidance on how to apply the system of self-admission,resulting in the confusion of judicial operation.Due to the lack of integrity,the parties involved in false self-admission have various means and are not easy to be found by the court.The current law can not meet the needs of the development of self-admission system in China.Injudicial practice,influenced by the low level and unsystematic legislation of the self-admission,some judges do not pay attention to the self-admission or misuse the rules of self-admission in judicial practice.Another problem is that false self-admission is difficult to avoid in judicial practice.In the view of the current situation of legislation and judicial practice of self-admission system in our country,this paper analyzes the problems in self-admission system and analyzes the reasons of problems.At the end of the article,from the aspects of legislation and practice,some suggestions are put forward on how to improve the self-admission system in China and hope that the self-admission system will develop better in China.