Study On Confession In The Civil Procedure

As an important and unique part, confession is indispensable to the civil procedure system. The proper usage of confession can simplify the legal procedure and increase the lawsuit efficiency. What's more, confession is also the expression of respect to the parties engaged in the lawsuit. In a word, confession demonstrates the justice of procedure. With the in-depth reform of civil procedure in China and the enhancement of the litigants'legal rights, the study on confession will have great importance and meaning. Based on thorough and careful theoretical analysis of confession, in this paper, the author clarifies the foundation of confession and the essential support of other parts in the civil procedure system. Furthermore, the author points out the drawbacks and deficiencies in the confession system of China in being. At the last part of this paper, some suggestions are proposed to the establishment and completion of the confession system in China in the near future.This paper, which has about 37,000 words, comprises four chapters: summary account of confession in civil procedure, the foundation of confession and the essential support of other parts in the civil procedure system, the drawbacks and deficiencies of the confession in our present civil procedure, the establishment and completion of confession in our civil procedure.Chapter I: summary account of confession in civil procedure. Starting with the basic concept, this part introduces the nature, the elements, the categories and the effect of confession. Confession is the litigant's admission of the fact which is unfavorable to him. In this paper, the nature of confession in civil procedure is determined as an act of procedure, and the declaration of the litigant's will of refusal to dispute. Meanwhile, confession outside the civil procedure is a type of evidence(in common law system) or evidence material(in continental law system) which is exposed to judge's discretion. the analysis on confession's elements is divided into three parts, that is, the subject element, the object element and other procedural elements. Also, the confession in civil procedure is differently classified from several views. For the effect of confession, the author puts emphasis on some facts beyond the effect of confession and the recall of confession.Chapter II: the foundation of confession and the essential support of other parts in the civil procedure system. This part discusses the foundation of confession, that is, the principle of debate, the principal of good faith, the efficiency of litigation. And the essential support of other parts in civil procedure such as adversary system, the judge interpretation system is also set out. This part paves the way to the further analysis and completion of the present confession system in our civil procedure.Chapter III: the drawbacks and deficiencies of the confession in our present civil procedure. The main defects exist in the legislation and some articles. And the lack of support from other parts of the civil procedure system also blocks the completion of confession.Chapter IV: the establishment and completion of confession in our civil procedure. In this part, the author suggests that we should turn to adversary system from ex officio pattern, complete the legislation and the civil procedure, establish the judge interpretation system, and punish those litigants for their malicious confession.