Regulation Of False Confession From The Perspective Of Debateism

As an important system in civil litigation,the self-confession has the advantages of improving litigation efficiency and reducing litigation costs.The "Several Provisions of the Supreme People’s Court on Evidence in Civil Litigation"(hereinafter referred to as the 2001 "Regulations on Civil Evidence")stipulated the self-confession system for the first time in 2001.Article 92 of the Interpretation of 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")refined and improved the self-confession system.The "Several Provisions of the Supreme People’s Court on Evidence for Civil Actions"(hereinafter referred to as the 2019 "Provisions on Civil Actions")that came into effect in May 2020 has further improved the self-confession system,and on the other hand,it has followed the rules of false self-confession.At present,the discussion on the issue of false self-confession in our country mainly focuses on the theoretical connotation,legal effect,and most of them discuss the self-confession system in isolation from the background of the litigation model.This article introduces the concept,characteristics,classification of false self-confession,the validity of false self-confession under different litigation models,and regulation from the perspective of debateism,and puts forward some suggestions,to achieve a correct understanding of false self-confession and promote the perfection of the system of false self-confession.This article is composed of three parts: introduction,main text,and conclusion.The main text is divided into four chapters.The content is as follows:The first chapter clarifies the definition of false confession,and analyzes the characteristics of false confession.This article adopts the legal truth standard to define self-confession,and tries to classify it according to whether false self-confiession harms the interests of people outside the case(including the public interest and national interest).The second chapter discusses the validity and regulation of false self-confession in combination with litigation model.The author holds the view that self-confession originates from the framework of debateism,and the discussion of the regulation of false self-confession should return to the context of debateism.In addition,the coordination and cooperation between the parties and the court is not realistically feasible.The third chapter reviews and analyzes the current system status of our country’s false self-confession regulation.This article believes that our country’s existing system cannot effectively regulate false self-confession.Specifically,Article 92,paragraph 3 of the Interpretation of the Civil Procedure Law and Article 8,paragraph2 of the 2019 Civil Evidence Regulations blur the focus of the problem,violate the basic legal principles of self-confession.The principle of good faith and the real obligations of the parties also have positioning deviations.Based on the previous review and analysis of the current system,the fourth chapter proposes suggestions on the improvement of the false self-confession regulation system from the perspective of debateism,including promoting the return of false self-confession to debateism,limiting the improper expansion of the validity of false self-confession,and strengthen the identification of false self-confession and the diversification of post-event remedies(clarify the status of the retrial subject of the third party outside the case,and establish false self-confession credit record files,etc.)...