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The Legal Regulations Of False Confession In Civil Action In China

Posted on:2021-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:C HuFull Text:PDF
GTID:2416330602978188Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the basic principles of civil procedure law,the principle of good faith runs through all stages of civil proceedings.False self-confidence in judicial practice undoubtedly has a huge impact on this principle,damages judicial justice,and seriously reduces the people.The judicial authority of the court.At the same time,false self-confidence will seriously damage the interests of third parties,cause judicial injustice,and induce the court to make wrong legal documents,which will seriously cause a waste of judicial resources.However,the current law does not provide a practicable regulatory mechanism for related self-confessed anomie.Based on this,from the perspective of regulating false self-recognition,this article attempts to solve the various falsehoods of the self-recognition system injudicial practice by discussing the basic issues such as the concept,characteristics,harm,identification,and regulation of false self-recognition.Self-recognition.The body is composed of four chapters and consists of five chapters.The main contents are as follows:In the first part,the first chapter first expounds the theoretical basis of the self-recognition system which is the false self-recognition body,and then points out the problems existing in the current self-recognition system from the perspective of theory and practice.Then the statistics and analysis of the current judicial situation in China are made.The second chapter introduces the concept and characteristics of false self-confession,then sorts out the disputes on the main issues related to false self-confession,distinguishes different types of false self-confession,and puts forward the common false self-confession problems in practice.The second part,based on the conclusions obtained in the first part,examines the causes,harms,and regulatory reasons of false self-identification.Through investigation,it is concluded that the false self-confidence violates the principles of good faith,endangers judicial justice,and abuses of the party's right to dispose.Based on this,it is concluded that false self-confidence should be regulated.The third part points out the reasons why China's current false self-recognition is difficult.In the current judicial environment,it strives to explore the institutional construction of the false self-recognition mechanism,and as far as possible to more specifically determine the false self-recognized identification subject,identification object,and Identification method.At the same time,it points out that the false and self-confessed regulatory reasons are contrary to the principle of good faith and the restriction of the party's right of disposition.The fourth part puts forward some suggestions for improving China's regulation of false self-recognition,and proposes that the dishonesty behavior should be included in the credit reporting system in the ex ante prevention mechanism,while the principle of good faith is further refined;the regulation is recommended to prevent fraud at the legislative level.People's participation in the litigation system was introduced into China's civil litigation;after the event,regulations proposed to improve the third-party retrial system,and advocated that the courts should strictly apply false self-recognition punishment measures in accordance with the law.With a view to improving China's civil self-recognition system.
Keywords/Search Tags:false self-admission, legal regulation, civil procedure, honesty and credit, malicious collusion
PDF Full Text Request
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