Research On Restricted Self-admission System In Civil Litigation

In the civil litigation,restricted self-admission as part of the self-admission system,is a kind of abnormal morphology,in 2019 the Supreme People’s Court introduced the provisions about the civil litigation evidence before,to restricted self-admission and there is no clear stipulation in our country,and for the number of its research is relatively small,but outside of some countries to restricted self-admission research more deeply,there are also some countries there are clear rules.The introduction of the new "evidence regulation" provides a theoretical basis for the development of the system of restricted self-admission.In judicial practice,the system of restricted self-admission always exists,especially in contract disputes.Out of self-interest consciousness,the parties may only for favourable part shall be deemed or additional certain defenses conditions after admission,the applicable completely think there are some not appropriate.So restricted self-admission system the research becomes even more important,and the development of the improvement of the theory and practice of great significance.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is the theoretical overview of restricted self-admission system.To first,the essay discusses the meaning of restricted self-admission,and then to restricted self-admission from punishment principle,the theoretical basis of the binding principle and the principle of litigation economy three aspects of the debate,then will restricted self-admission and full acknowledgment,indirect denial,comparing the related concepts such as one by one to find out the nature of the differences,finally from the four aspects of limit avowed features limit who made a further explanation.The second part is about the situational validity of the restricted self-admission system.According to the provisions of the Supreme Court’s judicial interpretation,the restricted self-admission is divided into partial admission and conditional admission.This part starts from these two kinds of situations,and makes a detailed discussion of each kind of situation,and analyzes and studies relevant cases to further dig into the system.The third part is the external study of restricted self-admission system.Through the comparative analysis of the two legal systems,we can find the similarities and differences between the two legal systems and the reference significance to the development of the system of restricted self-admission in China.The fourth part is the application and perfection of restricted self-admission system in China.This section outlines the restricted self-admission system present situation of legislation and judicial practice,from three aspects,points out the problems that restrict believes in our country is to restrict deemed withdrawn without clear rules,the lack of specification for the judge discretion and the existence of restricted self-admission in false litigation,and in view of the front part of the problem are given for perfecting the related method.