Rethinking And Reconstruction Of Self-admission Revocation Rules In Civil Procedure

Self-admission revocation is related to the disposition rights of the self-admitted person,the reasonable trust of the other party and the stability and efficiency of the proceedings.There are also in-depth discussions and studies in theory and practice in various countries."Provisions of the Supreme People’s Court on civil evidence " released in 2019 has revised the self-admission revocation rules and deleted "inconsistent with the facts" from the self-admission revocation requirements,which is reasonable to a certain extent.However,there are some inconsistencies between the current self-admission revocation rules and the basic legal principles of the self-admission system,and there are still some incompleteness and irrationality in the judicial application.Academic and practical circles have also criticized the above problems.Thus,based on the basic legal principles of self-admission system and in view of the practical problems existing in self-admission revocation rules,the paper studies the reconstruction ideas and schemes of self-admission revocation rules.The paper is divided into three parts:The first chapter studies the current situation and problems of self-admission revocation rules.Starting from the evolution of the self-admission revocation rules,combined with the judicial interpretations related to the self-admission revocation rules and the relevant revision proposals,the paper analyzes the differences between the current revocation rules and the old revocation rules.Focusing on the current self-admission revocation rules and synthesizing domestic judicial practice cases,the paper analyzes the inherent logical defects of the revocation rules and the difficulties in judicial application.First,the inherent logical defects of the revocation rules are manifested as follows: conditions for self-admission revocation and self-admission establishment are unbalanced;revocation rules themselves have the disadvantages of ambiguous revocation subjects,improper revocation time,broad revocation objects and rough revocation requirements.Second,due to the existence of Article 8(2)of the new regulation,the revocation rules face the dilemma of being marginalized in judicial practice.The second chapter examines the basic theories related to self-admission revocation.On the one hand,it studies the legal basis of self-admission revocation from two perspectives of the principle of estoppel and the comparability of litigation and legal acts.It analyzes that self-admission can be revoked under statutory conditions,and the provisions of legal acts can be applied by analogy.Taking this as an important basis,this paper discusses the factors that should be considered in revoking self-admission from the perspective of litigation behavior,including the appropriate analogy to the provisions of civil law,adherence to the adjustment function positioning of true elements under the center of intentions,and the realization of dynamic balance between the interests of the parties and the court.On the other hand,it focuses on the norms,doctrines and jurisprudence positions of the self-admission revocation in foreign countries and regions.It mainly analyzes the specific connotation,theoretical basis and relevant legislation and judicial practice of three situations of revocation,including revocation with the consent of the other party,revocation due to major misunderstanding and untruth,and revocation due to unlawful conduct of others.The paper summarizes useful experience and points out the places where self-admission revocation rules must be clarified or corrected.The third chapter puts forward some suggestions on the reconstruction of self-admission revocation rules.It mainly includes three aspects: the basic idea,specific scheme and special rules of reconstructing the self-admission revocation rules.Aiming at the macro-problems existing in the current self-admission revocation rules and based on the basic legal principles of the self-admission system,it establishes the basic reconstruction ides of self-admission revocation rules from the two points of restricting the establishment of self-admission and coordinating the relationship between the revocation rules and Article8(2)of the new regulation.This paper explores the reconstruction scheme of self-admission revocation rules from four parts:revocation subject,revocation time,revocation object and revocation elements.On this basis,the paper specifically discusses revocation of advance self-admission and agent self-admission,and studies the special rules for self-admission revocation to guarantee the integrity of the self-admission revocation rules.