On The Self-admission System Of Civil Procedure

Self-admission is an important manifestation of party doctrine in civil proceedings.The basic theory is that the parties admit themselves to unfavorable facts in the proceedings,and the opposing party does not need to bear the burden of proof for the facts,and the court should also rely on the parties’ confession The facts of the trial.As one of the major revisions of the Civil Evidence Regulations in 2019,the self-admission system is related to the exercise of the right of disposition by the parties and is also an inevitable requirement for the court’s factual determination to meet objective truth.This revision is a supplement and improvement to the original rules,making the self-confidence system more suitable for economic and social development and judicial practice.On the surface,it seems that this is to broaden the scope for parties to reach self-confidence,and also reflects the requirements of party doctrine in civil litigation.But on the other hand,the revision of rules such as fictitious self-confession,restriction of self-confidence,and withdrawal of self-confidence contains the element of authority.The two seemingly contradictory principles of party doctrine and authority doctrine exist in the self-admission rules at the same time.Therefore,the rationality of the newly revised self-admission system has become an issue that needs to be explored.This article mainly discusses the revision of this self-confession system from four perspectives: fictional self-confidence remedies,restricted self-confidence mode application,limitation of the legitimacy of self-confidence binding force,and revocation of self-confidence.Before the "Civil Evidence Regulations" were revised,for the purpose of curbing false litigation,judges often determined self-confession strictly in judicial practice,resulting in a low actual application rate of self-confidence.After the promulgation of the Civil Evidence Regulations in 2019,China’s self-confidence system has become a self-confidence system under the dominance of authority.Certain amendments violate the basic rules of self-confidence,distorting the debate-based basis of self-confession,and even more restrict The probability of a party forming a self-confidence may further reduce the application rate of self-confidence.