Study On Self-admission Of Civil Procedure

Self-admission is an important system in civil litigation.It has been deeply studied in common law and continental law countries,which is fully reflected in legislation and applied in judicial practice.In legislation,it has no relevant provisions in China's Civil Procedure Law,mainly scattered in some judicial interpretations,but these Provisions are contradictory,unsystematic and incomplete.The study of self-admission system is a very ambitious subject,involving the theoretical basis of self-admission,the nature of self-admission,the effectiveness of self-admission,the composition and revocation of self-admission,agent-admission,limiting self-admission and so on.This paper puts forward some questions about self-admission from two aspects.The first is to analyze the current relevant provisions on self-admission and to point out the problems.The second aspect is to find out the problems in judicial practice through case retrieval.This paper systematically expounds the theory of civil self-admission system.In view of the above problems,this paper summarize the foreign legislative experience through the comparative analysis of extraterritorial legislation and draw the views combined with the theoretical theory of each country.This paper puts forward some thoughts on the civil self-admission system though systematically expounding the major issues of civil self-admission.The full text is divided into four parts.The first part is an overview of the system of self-admission in civil litigation,which is divided into three aspects: the first is about the concept of self-admission,which compares the different understandings of the concept of self-admission and difference between self-admission and evidence contract;the second is to explore the nature of self-admission combined with national legislation.The third is to elaborate the constituent elements of self-admission,mainly focusing on the controversial issues.The second part is the legal analysis of civil self-admission.This part first classifies self-admission,then expounds the effectiveness of civil self-admission,which is divided into final effectiveness,inter-trial effectiveness,effectiveness between different litigation,revocation of self-admission.Finally this part discuss the legal basis of self-admission.The third part is about the extra-territorial civil self-admission legislation and comparative analysis,this section focuses on the five issues of civil self-admission,introducing the legislation of the United States,Germany,Japan,Taiwan and other countries or regions.Theses legislations of these countries or regions are analyzed in this part.The forth part is about some thoughts on self-admission system,which is divided six parts.Through the discussion of the previous three chapters,the author puts forward some thoughts on the five contents of civil self-admission and the common problems in judicial trial.