The Regulations On False Self-Admission In Civil Actions

The self-admission system is an ancient and important system,which can not only reasonably divide the authority between the parties and the judge in finding out the facts,but also simplify the proceedings and improve the efficiency of the proceedings.Since China officially established the self-admission system,it has been highly praised by the theoretical and practical circles.However,because the content of the self-admission system in China is not comprehensive,it fails to form a complete system,leading to the phenomenon of false self-admission in practice.False self-admission with the help of self-admission of the constraints on the judge’s jurisdiction,not only to induce the judge wrong judgment,damage the judicial authority,but also damage the third party,the country and social public interests,resulting in judicial injustice.In addition,the parties’ maliciously profit-making behavior of false self-admission undermines the principle of honesty and credit and hinders the smooth progress of litigation activities.At present,the research on false self-admission in our country is not deep enough,the academic circle focuses on the study of effectiveness,and the legislation does not provide a feasible regulation mechanism.Based on this,from the perspective of regulation,the author tries to put forward feasible suggestions for regulating false self-admission on the basis of giving play to the value of self-admission by analyzing the basic contents,disputes,judicial status quo and causes of false self-admission.This paper is mainly divided into three parts: introduction,body and conclusion.The body of the paper is divided into five chapters,the specific content is as follows:The first part: the derivation of false self-recognition problem.The author mainly introduces the case of "Zhang Mouyun and Zhu Moumin,Tian Moufang loan dispute case" and comments the reasons of the court’s judgment,analyzes the phenomenon of false self-admission in practice,and leads to the following research on the related content of false self-admission.Part two: Introduces the basic content of false self-admission.By comparing the definition of false self-identity,the author decides to define the concept of false self-identity from its features.Through the analysis of two groups of related concepts,the connotation of false self-recognition is deeply understood.Then,the false self-identification is classified according to the infractions,and the typical cases are described in detail.Part three: Introduces the judicial status of false self-admission in our country,and sorts out the main arguments on false self-admission in academic and practical circles.Through data collection and practical case analysis,the judicial status of false self-admission is illustrated in the form of charts.Through further case screening and data analysis,it is found that the main existing disputes of false self-admission include the effectiveness of self-admission to the third party outside the case,whether the existing system can regulate it,etc.The author summarizes the academic viewpoints and puts forward his own opinions.Part four: the analysis of the causes of the phenomenon of false self-admission,mainly from the aspects of legislative and social.In terms of legislation,the defects of China’s self-admission system,the imperfection of the relief system and the absence of the rules of judicatory force provide the existence space for the phenomenon of false self-admission.The decline of social integrity,the imbalance between illegal costs and available benefits also drive the parties to maliciously identify themselves as seeking illegal benefits.The fifth part: Suggestions on regulation of false self-admission.Through the introduction of the above basic content and the sorting out of the main arguments,we have a deeper understanding of false self-admission,and the analysis of the causes lays a foundation for the proposal of regulation in this part.Therefore,this part tries to build a regulation system from the perspective of false self-admission,construct a complete identification mechanism,perfect self-admission rules,the third party relief measures and other supporting measures.