On The Statements Of The Parties As Evidence

Evidence is the basis for proving the facts of the case,which occupies an important position in the civil proceedings,and the parties' statements,as one of the eight types of evidence in the civil procedure,should be taken seriously and applied.However,in practice,the statement of the parties seldom gives full play to its evidential value.In practice,no distinction is made between "the statement of the parties" and "the content of the statement of the parties".Do not distinguish between the statement of the parties and the parties' factual claims,so that ordinary people easy to have such questions,how to use their own words to prove their own words.The reason is that our country has not defined the concept of the Party's statement clearly in legislation,and the distinction between the Party's factual claim and the party's statement is not clear enough in practice.Through reading this,the author finds that the present academic circle basically accepts that the parties' statements about the facts of the case have evidential value,and agrees that not all the statements about the facts of the case are evidence,based on this,the author will discuss the facts of the case and analyze the nature of the parties' statements of the main facts,the indirect facts and the auxiliary facts.This article is conceived and written around the following sections:The first part is a general study of the parties' statements,starting with "the parties' statements" and "the contents of the parties' statements",make clear the essential difference between the nature of "the statement of the parties" and "the content of the statement of the parties" in this article,"the content of the statement of the parties" includes the parties' opinions on the facts of the case,the application of law and evidence,etc.And the "statement of the parties" discussed in this paper is based on the statement of the parties in a narrow sense,analysis of the nature of the parties to the facts of the case.Secondly,analyze the constituent elements of "the statement of the parties" one by one,determine the subject scope and object scope of "the statement of the parties",so as to have a clearer grasp of the statement of the parties to be discussed in this paper.Then,the author makes a functional value analysis of "the statement of the parties".The statement of the parties to the facts of the case can not only clarify the facts of the case,sort out the focus of disputes,and determine the object of proof,it can also prove certain facts of the case and further determine the nature of the "statement of the parties".Finally,by comparing and analyzing "the statement of the parties" and "the claim of the facts of the parties",it is clear that the objective scope of the statement of the parties in a narrow sense is larger than the objective scope of the claim of the facts of the parties,and that the functional values of the two are also different,the parties' factual claim can only play the function of clarifying the facts of the case,but can not play the purpose of proving certain facts of the case,so it should be excluded from the scope of the parties' statement in the sense of evidence.The second part mainly discusses the nature of the main facts,the indirect facts and the auxiliary facts from the angle of the facts of the case.The main facts are based on the essential facts,and the essential facts are based on the essential elements of the connotation of legal norms,and then the main facts are divided from the perspective of legal norms,it is divided into the statement of the facts of the constitutive elements of the right,the statement of the facts of the obstruction of the constitutive elements of the right,the statement of the facts of the restricted elements of the right and the statement of the facts of the extinction of the constitutive elements of the right.The statement of the facts,whether it is the creation,obstruction,restriction or elimination of the right,is the party's factual claim,which is the fact on which the claim is based,the statement of these facts is the object of the case and not the evidence of the case.Secondly,the nature of one party's response to the other party's factual claim is discussed.The response is divided into denial,self-admission and ignorance of the statement,both the denial and the statement of ignorance indicate that the party does not accept the fact claimed by the Party making the factual claim,which remains the object of proof.Selfadmission will directly exempt the party who bears the burden of proof from the burden of proof,is the rules of proof rather than evidence.Therefore,a party's statement of the main fact and the other party's response to the claim of the fact should be excluded from the scope of the statement of the Party as evidence.Finally,the nature of the parties' statements about the indirect facts and the auxiliary facts is discussed,and the conclusion is drawn through the case analysis,a party's statement of an indirect fact is used together with other indirect evidence to prove the truth or falsehood of the main fact in a dispute,while the auxiliary fact directly affects the truth or falsehood of the main fact in a case proved by that evidence,at the same time,because the indirect fact and the auxiliary fact are not in the scope of application of the doctrine of debate,the parties' statement of the indirect fact and the auxiliary fact can influence the judge's inner conviction and play the value of evidence.The third part is about our country litigant's statement system legislation consummation suggestion.Through the above analysis,we can see that first of all,our country has not stipulated the concept of the parties' statements in legislation,there is no strict distinction between the parties' statements as evidence and the other statements made by the parties in the proceedings.It is suggested that the statement of the parties should be defined as the statement of the indirect facts and the auxiliary facts.Secondly,although China's legislation has the system of asking the parties,but its provisions are not comprehensive enough,it is proposed to be refined on the basis of China's existing system of asking the parties,in order to distinguish the statements of the parties from other evidence or factual claims in procedural terms,it can also better guarantee its authenticity as evidence.Finally,regarding the problem of false statement.At present,the punishment of false statements in the Civil Procedure Law of our country is mainly focused on judicial punishment.In the criminal law,there are provisions on the crime of false litigation in the false litigation,but there is no criminal regulation on the crime of false statements.Therefore,the author suggests that the crime of contempt of court can be added to punish the parties who constitute the false statements and have serious consequences,.In addition,civil compensation should be added to the punishment of false statements,because in civil litigation,the parties make false statements in order to obtain certain economic benefits,or to cause losses to others' interests.Increasing civil compensation punishment can better prevent the parties from making false statements,and better protect the interests of the other party.