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Study On Self-admission Of The Civil Litigation

Posted on:2019-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WangFull Text:PDF
GTID:2416330545995892Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Self-admission system plays a very position in the field of civil procedure law,which is very important for maintaining judicial justice,improving the efficiency of litigation and protecting the rights of the parties.In the civil action legislation of various countries and regions,it can be seen that the relevant provisions of the system of litigation self recognition are more systematic and perfect.In contrast,our country's law recognition system is relatively simple,and the system of self-admission does not form a system in the whole construction.Specific performance: the provisions of the conflict,the relative concept,our principle is not clear,there is a lack of cohesion between the self-admission and out-of-court admission,false litigation admission,especially damage the legitimate rights and interests of third person action thinks how to deal with which is not clear,the parties are not clear meaning treatment has not been specified,the parties do not know whether a confession statement has not been specified etc..In the process of judicial practice,there are many difficulties in the application of the system of self-admission in the judicial practice,because there are many issues in the legislation on the system of self-admission.Therefore,it is necessary to study and improve the system of self-admission in civil litigation.This paper is divided into five chapters.The first chapter is the introduction of the purpose and method of studying the litigation admission system,in order to understand our country's litigation admission system,and conduct necessary methods and literature research.The second chapter is mainly about the overview of the litigation admission system.It fully understands the admission system from four angles: the concept of self-admission,the comparison with other systems,and the historical evolution of the self-admission system,so as to lay the foundation for further development of the self-admission system.The third chapter is to discuss the legislative status and problems of the self-admission of civil litigation in China.The fourth chapter is the relevant provisions on the system of litigation self-admission in the countries and regions outside the region.Through the study of the more perfectlegislation of the system of self-admission in the United Kingdom,the United States and Germany,the problem of the existence of the system of self-admission in our country is recognized.The fifth chapter is to discuss the principles that we should follow in the system of civil litigation self-admission,and to put forward some suggestions on how to improve the system of self-admission in our country.After fully understanding the admission system of civil litigation in China,then summarizes the system defects of our admission procedure,then foreign theoretical circles and legislation level outstanding,perfect for our country lawsuit admission system proposed a more scientific and reasonable.
Keywords/Search Tags:Civil Procedure, Self-admission, Out-of-court admission, Understatement
PDF Full Text Request
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