Reflection And Perfection Of The System Of Self-admission Of Civil Action In Our Country

Self-confession in civil litigation is a litigation behavior of the parties,which means that the parties take the initiative to propose or admit facts that are unfavorable to them,restricting the court’s trial behavior,and imposing procedural rights and substantive rights.All have important effects.The core of civil self-admission system refers to the self-admission of the parties in the process of litigation,which has many types according to different classification basis.The system of civil self-admission is an important outcome of the debateism under the litigation mode of litigant doctrine.The new Civil Evidence Regulations in 2019 integrate and partially modify the selfconfidence system on the original basis,which is important for better playing the role of self-confidence,promoting fair and efficient civil trials,and promoting the transformation of my country’s civil litigation system significance.However,the selfadmission system established by the new Civil Evidence Provisions is not selfadmission in the sense of complete debateism,and its institutional effectiveness is greatly reduced due to the authority of the judge,the provisions on limiting selfadmission are rough,and the false self-admission lacks prevention and regulation mechanism,all of which are in urgent need of improvement.Through the analysis and discussion of the self-admission system,in order to further improve the self-admission system,to realize its practical value.This paper is divided into five parts:The first part is the introduction of this essay.The second part is the reflection on the status quo and problems of the selfadmission norms of civil procedure in our country.Firstly,the connotation and function of self-admission are explained.Secondly,it introduces the provisions on selfadmission in China’s civil procedure laws and regulations,which are mainly reflected in Article 3-9 of the new Civil Evidence Provisions.Finally,based on the current selfadmission norms,combined with the opinions of scholars and the results of empirical research,to reflect on the problems existing in China’s civil procedure self-admission.The third part is the reason analysis.In response to the questions raised in the second part,analyze the reasons why the self-admission system is not operating smoothly in our country.First,under the realistic background,our country is in the transitional period of the civil litigation model.The theory of self-admission system is based on the principles of debate and disciplinary.It has not been implemented and lacks a corresponding institutional environment.Second,from a historical perspective,my country’s traditional trial philosophy is the pursuit of substantive truth,emphasizing the judge’s power to investigate evidence,while the self-confession system does not pursue the truthfulness of self-confessed facts.The core of the judgment is to require the court to make a judgment based on self-confidence.The fourth part is the legislative example and comparison of self-admission in civil lawsuits outside the territory.Because our country’s legislation tends to be a civil law system,the representatives of the continental law system countries and regions include France,Germany,Japan,and my country’s Taiwan region.It sorts out the content of self-confidence legislation in various countries and regions,compares the selfconfidence systems of the two legal systems,learns from others,and provides reference for perfecting the self-confidence system of civil litigation in my country.The fifth part is thinking about the way to improve the system of self-admission of civil procedure in our country.On the one hand,starting from the mode environment of self-admission operation,the author thinks that we should promote the transformation of civil procedure mode to party doctrine as soon as possible to meet the needs of social and economic development.On the other hand,we should start from the concrete construction of the system of self-admission.First,we should treat carefully the "first self-admission" of the parties in the written materials,and strengthen the "check" and the obligation of the judge to explain.The second is to perfect the regulation of restriction on self-admission,to clearly limit the type of self-admission and the distribution of burden of proof;Third,to perfect the regulation and relief system of false self-admission;Fourthly,it is effective to link the self-admission on the litigation with the self-admission outside the litigation,and reasonably recognize the evidence status of the self-admission outside the litigation.