Research On The Rule Of Self-admission Revocation

Self-admission is an important litigation system.The purpose of self-admission is to correct the defective self-admission.The rule of self-admission revocation in our country came out late,and the research on the rule of self-admission revocation is still weak.The relevant rules of self-admission revocation seem to be perfect,but in fact they do not distinguish between specific situations.How to solve the problems of the self-admission revocation rule in our country,and how to perfect the procedure regulation of self-admission revocation is an important task.Starting from the introduction to the self-admission revocation rule.Firstly,the author discusses the value pursuit and constitutive elements of the admission revocation rule.Self-admission can not be revoked at will,otherwise it will bring serious consequences of judicial imbalance.However,in a few cases,the self-admission of the parties is not the true expression of intention but the defect of intention caused by fraud,coercion,major misunderstanding and so on.If we insist on the fact that we admit ourselves as true,it will increase the possibility of harming the interests of the parties.Therefore,if the self-admitted person has evidence to prove the above-mentioned circumstances,it should be allowed to withdraw self-admission.Secondly,it analyzes the validity of self-admission revocation and the procedure regulation of self-admission revocation.One of the legal effects of admission is to limit the effect of revocation.In order to protect the stability of proceedings and the interests of the other party,admission can not be revoked at will.Because of the different understanding of the nature of admission,affect the setting of the revocation rule of admission.Among them,the flaw of declaration of intention plays the vital role.In the case that the party’s admission of his own will is seriously flawed and the admission of the facts of the case seriously deviates from the principle of good faith,the party can only safeguard his legitimate rights and interests by exercising his right to withdraw his admission,safeguard the principle of good faith,safeguard judicial justice.Investigate the normative evolution and empirical analysis of China’s self-admission revocation rule.First of all,to review the evolution of the rules of self-admission revocation to further deepen the understanding of the rules.Secondly,the case data of online screening is analyzed.Mainly from the point of view of the number of cases,the court procedure and the distribution of the types of disputes related to the application of the self-admission revocation rule,the author holds the overall situation of the application of the self-admission revocation rule,based on the detailed analysis of the specific applicable conditions of the self-admission revocation rule and the results of the self-admission revocation,it is found that there are some problems in the current judicial practice,such as the great misunderstanding,the difficulty of proving,and the ambiguity of the self-admission revocation rule,on the basis of the overall grasp of the self-admission revocation rule,the author makes a detailed exploration to deeply understand the self-admission revocation rule and pave the way for the discovery of the related problems and improvement of the self-admission revocation rule.Through the empirical analysis,we find the following problems in the judicial practice concerning the self-admission revocation rule:(1)the setup of the revocation elements of major misunderstanding is unreasonable,and the "violation of truth" elements are excessively cut,it neglects the function of ‘inconsistent with the facts ’ in favor of the self-admitted person to prove the major misunderstanding,which is difficult to prove and is not distinguished from the subject matter of ‘coercion’(3)the rescission of self-admission by the agent ad litem is not perfect,and there is no provision for the absence of the litigant in court;(4)there is no provision for the prior admission;(5)the standard of proof for the rescission of self-admission is not clear,it is unreasonable to uniformly apply the proof standard of high probability.Through the analysis of the above problems,the corresponding solutions are put forward,with a view to the improvement of China’s self-admission revocation rules.Finnaly,China’s self-admission revocation rules to improve the path.Draw lessons from the practice of foreign experience,combine our country practice,put forward the solution measure.First,we should distinguish between‘coercion’and ‘ major misunderstanding ’,and stick to the combination of ‘ major misunderstanding’ and ‘inconsistency with the facts’,third,we should improve the rule of attorney-at-law’s self-admission of revocation,and set different conditions of revocation according to whether or not he or she appears in court,in order to perfect the rule of revocation of prior admission,the judge plays the role of explanation,and decides the requisites of revocation according to whether the other party invokes prior admission or not,the standard of proof beyond reasonable doubt is applicable to the self-admission with interesting flaws caused by the self-admission person’s retraction of his own mistake.