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A Study Of Self-acknowledgement In Civil Action

Posted on:2006-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:H Y PengFull Text:PDF
GTID:2166360182465534Subject:Law
Abstract/Summary:PDF Full Text Request
The system of self-acknowledgement is a unique ancient lawsuit system in civil action. It can not only simplify the legal procedure and enhances the lawsuit efficiency, but also can fully demonstrate the justice of the procedure. So it causes the referee result to be easily accepted by the litigant. In first chapter of rationale about the system, the author carries on the elaboration from three aspects: philosophy foundation\ jurisprudence foundation and establishment and lawsuit pattern of the system. In the foundation of comparison research, the author carried on the definition of self-acknowledge. It does not request acknowledge to the fact that be oneself disadvantageous, but it only exists in lawsuit process. On the basis of it, the author analyses further more the component of it. In the article, the author regards the attribute of it as lawsuit behavior and expresses her own reasons about it. In the third chapter, the author introduces emphatically three kinds of classification of it: self-acknowledge by myself and by agent, the self-acknowledge completely and with limitation , express self-acknowledge and implied acknowledge. The forth party elaborates the potency of it. self-acknowledge have the potency to the litigant which avoids presents evidence and to the court restricts referee's potency. The author proposed several advices about it after elaborating the understanding about quite systematically the system of it and analyzing some present problems of legislation in our country.
Keywords/Search Tags:self-acknowledgement, limit self-acknowledgement, advice for legislation
PDF Full Text Request
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