Discussion Of False Admission In Civil Litigation

The false admission phenomenon has appeared since the promulgation of the "Several Provisions of the Supreme People’s Court on Civil Procedural Evidence"(hereinafter referred to as the "Old Evidence Provisions"),and it has repeatedly occurred that the legitimate rights and interests of third parties outside the case were maliciously infringed by false admission Therefore,Article 92,paragraph 3,of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the Interpretation of the Civil Procedure Law)negatively evaluates false admission.Article 8,paragraph 2 of the "Several Provisions of the Supreme People’s Court on Evidence in Civil Proceedings"(hereinafter referred to as the "New Evidence Provisions")reaffirmed the attitude towards false admission regulation with a view to protecting the legitimate rights and interests of third parties outside the case,and the order of litigation Its maintenance.Since the implementation of this system,the possibility of malicious infringement of the legitimate rights and interests of third parties outside the case has been reduced to a certain extent,but there are also many problems.In terms of science,the system’s provisions are contrary to the position of debating;in terms of legislation,the terms are too rough to guide practice;in judicial practice,there is a tendency for abuse.In view of this,this article takes "On the False Confession in Civil Litigation" as the topic,analyzes the problem of false confession itself and its regulatory path from the aspects of science,legislation,and justice.In addition to the introduction and conclusion,the full text is divided into four parts,totaling more than 30,000 words:The first part is the theoretical perspective of false admission in civil litigation.There are two kinds of theories of false admission: subjective theory and objective theory.Objective theory should be adopted.For the effectiveness of false admission,there are mainly three theories of affirmation,negation,and eclecticism.Eclecticism can integrate the advantages of affirmative and negation,and balance the two values of party autonomy and good faith,which should be adopted.The second part is the current status and dilemma of false admission in civil litigation.Article 92(3)of the Interpretation of the Civil Procedure Law and Article 8(2)of the New Evidence Provisions are too rough about the false admission regulation,which is not conducive to guiding the effective and accurate identification of false admission in practice and deviating from the regulation.The original purpose of the clause was established.Moreover,this clause has the problems of being inconsistent with the pre-proof effect system and being out of touch with the third party’s standard of proof of revocation.The third part is the practical investigation of false admission regulation.This part starts from the judicial practice after the introduction of Article 92 Paragraph 3 of the Interpretation of the Civil Procedure Law,types the judgment documents,forms the five types that the court finds false admission,and analyzes its regulatory model.Based on this,the three dilemmas of regulating false admission in judicial practice are explained: the misrepresentation of the false admission regulation clauses,the tension between the truth and the efficiency of litigation,and the relationship between false admission and false litigation have not yet been clarified.The fourth part is the improvement of the false admission regulations in China’s civil litigation.In terms of improving applicable norms,it is necessary to raise the standard for negating admission matters,restructure our country’s pre-proof effectiveness system,bridge the third party’s withdrawal of the certification standard for the dismissal of the false admission;Improving specific operational levels,it is necessary to exercise the right of interpretation in a court hearing and strengthen the reasoning of the ruling documents on negative admission matters.In terms of improving the supporting measures to regulate false admission,it is necessary to adjust the performance evaluation mechanism of judges and The confession party is classified as the object of joint disciplinary action against dishonesty.