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

With the continuous development of the social process,people’s legal awareness is gradually increasing,and the litigation cases are increasing exponentially,which brings great pressure to the court.Therefore,it is urgent to improve the litigation efficiency under the premise of ensuring fairness.The system of self-admission plays an important role in rapidly confirming the dispute points,reasonably allocating judicial resources and improving the efficiency of litigation,so the system of self-admission is of great significance to civil litigation.Identity system in Anglo-American law system and continental law countries has a long history of development,but in our country is less than 30 years of development,so the identity system of our country legislation still shallow,no system into a system of identity in academic research,although there are many related articles,but stay on theory research level is in the majority of the identity system,not for the improvement of the system of identity feasible measures are put forward.At present,China is in the period of litigation mode transformation,which is constantly changing from authority doctrine to debate doctrine.In such a judicial environment,it is an inevitable trend to perfect the self-admission system.The system of self-admission has not appeared for a long time in China,but it is of great significance to the litigation system of our country.Since the reform and opening up,with the development of economy and society,in the practice of civil litigation in China,not only the litigation status of the parties has been gradually improved,the way of civil trial has also changed,and the relevant judicial interpretation has been gradually established and improved.Several Provisions of the Supreme People’s Court on Evidence in Civil Procedure issued by the Supreme People’s Court in 2002(hereinafter referred to as "Provisions on Evidence" in 2002)for the first time made a more comprehensive provision on the system of self-admission.Therefore,the relevant provisions of the self-admission system in the procedural law have been gradually established from scratch,which makes the specific operation of the laws and regulations in the specific judicial practice,the legal gap has been filled from then on,so the self-admission system appeared in the law of our country.After 18 years of judicial practice,avowed system gradually exposed some problems in the process of trial in court,the original provisions are not sufficient to meet the demand of justice,in 2020 the Supreme People’s Court issued a"Supreme People’s Court on modifying the<about civil action evidence certain rules>decision"(hereinafter referred to as the "rules of evidence" 2020),Further refinement of the provisions of admission,not only expanded the occasions of application of admission but also revised the provisions of the proposed admission,and revised a series of provisions such as the admission of entrusted agents,so that the application of admission in judicial practice has a more detailed basis.However,because the length of self-admission in the Evidence Provisions of 2020 is too short to cover all aspects,there are still many problems in judicial practice,such as the frequent occurrence of false self-admission and the chaotic operation of self-admission revocation.Based on the legislative and judicial status quo of the self-admission system of civil procedure in China and drawing on foreign experience,this paper discriminates and analyzes relevant concepts of self-admission,and studies the self-admission system on the basis of the Evidence Provisions in 2020 and makes a perfect conception.