On The Identification,effect And Regulation Of False Self-recognition In Civil Procedure

As a long-standing system,civil self-recognition occupies an important position in the use of civil evidence because it not only helps to improve the efficiency of litigation,but also respects the autonomy of the parties.However,with the diversification of the social interest pattern,the phenomenon of integrity consciousness dilution gradually permeates from the field of social life to the judicial field,and the phenomenon of false self-identification is becoming more and more fierce in the judicial trial.Due to the lack of mature rules and methods to deal with the false self-recognition phenomenon in China,this paper intends to study the false self-recognition problem from the perspective of the theoretical basis,the identification and effectiveness and regulatory measures,in order to put forward suggestions for the regulation of the false self-recognition problem.This article consists of three parts: introduction,text and conclusion,in which the text is divided into five chapters.The specific content is as follows:Chapter I clarifies the concept of false self-recognition.Based on the concept and effectiveness of the self-recognition system,the connotation of false self-recognition is concluded that both parties subjectively maliciously collude and recognize the false facts,so as to sacrifice the interests of others and meet their own interests.Chapter 2 analyzes the causes of the false self-identification problem and the current situation of the false self-identification regulation.Combined with the patterns existing in legislative provisions and judicial practice,it is intuitively concluded that due to the problem is difficult to deal with the identification and effectiveness of false self-recognition disputes,resulting in the lack of good regulatory measures.Chapter 3 analyzes the false identification requirements,the article adheres to the view of "two elements said",and discusses from the subjective and objective levels.To identify subjective elements,false self-identification is divided into "knowing and made","made by negligence" and "made without free will";the identification of objective elements must clearly stipulate "inconsistent with true facts",and the false "self-recognition" is limited to "main facts".Chapter 4 analyzes the effectiveness dispute of false self-recognition,introduces the effectiveness of false self-recognition under different litigation modes,and concludes that China should adhere to the revised debate model and deal with the effectiveness of false self-recognition.Chapter V Regulation of False Self-identification should adhere to the concretization of the principle of good faith,improve the relief way for the interests of the third party,from making clear the status of the third person to improve the legislative rules,to provide a clear direction for the regulation of false self-identification.