Study On The Self-recognition System Of Necessary Joint Litigation

The self-admission system of joint action is a new content of the new Provisions on Civil Evidence.This system stipulates how the self-admission effect of some joint litigants can be applied to other joint litigants in a lawsuit where the main body is the majority.According to the types,we can divide the admission of class action into common admission of class action and necessary admission of class action.Although these two admission systems can be regarded as the special admission of majority,the applicable rules of them are not the same.Class-action considered himself a special type of identity,Germany and Japan and necessary joint action is regarded as a special type of joint action,therefore,necessary joint action who is special in "special",embodied in the avowed rules apply,"are",specifically,is the need to pass to apply principle of "deny" and other elements to achieve internal identity of agree,In order to reduce or exempt the other party from the burden of proof,the whole self-identification can be formed externally.To accurately grasp the particularity of joint action deemed necessary,must be in the nature of identity and requirements under this framework,our country academic circles on the nature of identity,the applicable scope,established condition,and has the specific research,type of necessary joint action,the common litigants litigation effect also will be enough.Therefore,the author can stand on the shoulders of giants to discuss the system’s essentials,particularity,existing problems and ways to improve the new system.The idea and writing of this thesis mainly includes the following parts:The first chapter briefly describes the content,nature and academic and legislative changes of the two systems of self-admission and necessary joint action,and then combines the two characteristics to understand the system of self-admission of necessary joint action.Academically,since its establishment,China’s self-admission system has experienced a transformation from "evidence theory" to "concept expression theory".At present,the mainstream view of academic and practical circles is "concept expression theory",which is more consistent with the debate doctrine and conducive to the development of self-admission system.In legislation,the admission system has expanded the application field of admission,including pretrial affidavits and evidence investigation,and the admission principle of necessary joint action has experienced the transition from consensus principle to denial principle.The second chapter carries on the introduction of the main content of self-admission system and the grasp of the characteristics of necessary joint action in chapter 1,and analyzes the constitutive elements of self-admission in necessary joint action in combination with the specific provisions of the new Provisions on Civil Evidence.First of all,the field of the admission of necessary common action should be distinguished from that of general admission.It is difficult to apply the admission of necessary common action in the stage of pretrial affidavits,and the field of application of the admission of necessary common action should be limited to the court debate.Secondly,it is necessary to take "disadvantageous to oneself" as the premise of establishing necessary joint action,and the standard of "disadvantageous" should be based on whether the burden of proof of the other party is reduced.Thirdly,based on the principle of denial,it is determined that necessary class action should be deemed to be "non-denial",so "non-denial" should be taken as one of the establishment requirements.Finally,the last sentence of the second paragraph of article 6 of the New Provisions on Civil Evidence should be regarded as the judge’s clarification requirement for the establishment of the necessary admission in joint action,rather than as the formulation of admission rules.The third chapter,from the perspective of general admission rules,analyzes the problems existing in the admission system of necessary common action,combining with the characteristics of the admission system of necessary common action.First of all,there is no specific provision on the application field of necessary joint action.If the application field of pretrial affidavits and other applicable fields of general self-recognition are applied,the consensus of necessary joint action cannot be reached and the establishment requirements are not satisfied.Secondly,there are more and more similar necessary joint lawsuits in judicial practice.The subject of such litigation can Sue or respond to suit individually and carry out litigation behavior.Finally,judicial judgment has binding force on all the joint litigants.Thirdly,the excessive self-admission of the agent leads to that the malicious self-admission of the agent will damage the interests of the joint litigant in the necessary joint lawsuit,and the restraint mechanism of the self-admission of the agent is not perfect.Finally,for the "advantageous principle" which is highly called for by the academic circle,the definition of the "advantageous" standard and the "unfavorable" standard of the "disadvantageous" element is not clear,and it is easy to appear contradictions when identifying the self-recognition of necessary joint lawsuit.The fourth chapter puts forward some suggestions on the basis of the investigation of the necessary joint lawsuit.First of all,we should take argumentalism as the basis of self-admission,completely eliminate the theory of "evidence",so that the system of self-admission can play a better role.Secondly,the scope of application of admission in necessary joint action is limited to the stage of court debate,or the state of "non-denial" is postponed,and the admission in the field of pretrial affidavits and other fields can be effectively recognized or denied after the judge’s explanation.Thirdly,it dialectically draws lessons from foreign "advantageous principle",and makes clear the standard of "advantageous",and can apply advantageous principle in similar necessary joint lawsuit self-admission.Finally,the system of admission of necessary joint action is concreted to reduce the application difficulties caused by unclear provisions and enhance the operability of the system.