On Self-admission System In Civil Litigation

As an important system in China’s civil litigation,the system of self-admission has begun to explore the establishment of self-admission system in the early 1990 s,accompanied by the reform of our judicial system.The mode of trial has changed from the mode of "Soviet Union" power doctrine to the mode of litigant doctrine.In2002,our country formally established the self-admission system,and in 2020,the new evidence regulation came into effect.It further improved the self-admission system,refined the scope of application of the self-admission system,proposed the self-admission and the self-admission of the agent,and added the self-admission and restricted self-admission of the joint lawsuit.The perfection of self-admission system is of great significance to judicial practice,and the proper application of self-admission system is of great benefit to solve the judicial dilemma of litigation explosion in our country.Starting from the basic theory,this paper makes a comprehensive discussion on the system of self-recognition from four aspects: the meaning and nature of self-recognition,the composition of self-recognition,the effect of self-recognition and the withdrawal of self-recognition.By analyzing the basic theory of self-admission system,we can know that the self-admission system of our country is similar to the self-admission system of Mainland law system and belongs to the self-admission in litigation.Secondly,combined with the legislation and judicial practice cases of our country’s current self-recognition system,this paper analyzes some imperfections of our country’s self-recognition system at present.At the legislative level,the legislative level is not high,and the effectiveness regulation is not perfect.On the practical level,the self-admission outside the lawsuit is confused with the self-admission in the lawsuit,the judge is not good at using the fictitious self-admission,and the different rules and false self-admission are more prominent.The deep reason is the influence of the traditional thinking mode of litigation in our country,the influence of power doctrine is deep,the litigant litigation mode is not perfect,and the litigation idea is not clear.At the same time,the lack of litigation integrity in practice,resulting in the case of fairness and justice is difficult to guarantee.Finally,combining the theoretical analysis and the problems in the judicial practice of our country,this paper puts forward some suggestions to improve the legislative level of the self-admission system,to ensure the effective operation of the self-admission system at the legal level,to make clear the effect of the trial exclusion and to restrain the effect of the self-admission on the court.At the same time,it clearly defines the external self-admission of litigation,flexibly applies the system of external self-admission in application,judges should reasonably and appropriately use the self-admission in the trial,classify the restricted self-admission,accurately grasp part of self-admission and conditional self-admission,and refine the applicable rules.Of course,the good operation of the self-recognition system also needs relevant supporting measures to play its role,so the relevant supporting measures can not be ignored.