A Study Of The Party Statement System In Civil Litigation

Evidence is one of the important principles of modern justice,China’s civil evidence system started earlier,the system construction is also relatively perfect,according to the Civil Procedure Law and the relevant judicial interpretations in force,there are procedural issues regarding the investigation of civil evidence,how the burden of proof is allocated between the parties and reversed.evaluation and other issues have been more detailed provisions,but the regulation of the parties’ statements is slightly inadequate.As one of the types of evidence,the statement of the parties has not been able to play its proper function as evidence in the litigation.Therefore,this paper would like to focus on the current legal regulation is not enough to meet the needs of reality,due to the civil litigation party statement and no procedural law standards and restrictions,and the practice of the parties to the questioning of the content is also very arbitrary,so that the party statement in the civil litigation activities of independent proof of the meaning and direct description of the meaning of the normal play,and positive proof of the role is not enough to give full play to,and also hinder the The realities of maintaining the neutrality of judges and fair trial are discussed.As the parties are the first-hand witnesses of the litigation disputes,they have irreplaceable importance in knowing and enjoying the ultimate right to dispose of the direct interests of the disputes,and the statements of the parties are also the first-hand information and the most direct source for the court to determine the litigation issues and obtain the basic case facts and inner conviction.Therefore,the reasonable and adequate application of the statements of the parties are essential to achieve the fundamental litigation purpose of discovering the truth and resolving the case,to further improve the direction of development of theoretical research in civil litigation,and the realization of the institutional goal of China’s civil litigation law to provide for the statement of the parties as the primary type of evidence.Due to the long-term influence of the ex officio litigation model,the collection and use of party statements in civil litigation in China has long lacked procedural regulation and restraint,resulting in many difficulties in the application of party statements as evidence to help judges understand the true facts of the case and resolve litigation in practice.First of all,China’s current legal norms on party statements are relatively rough and there is a conflict between the expression and the essence of the meaning,while the litigation capacity of the parties,qualified identity and litigation status and other issues are not clearly regulated,resulting in the specific application of the practice in an awkward situation;secondly,by comparing the interpretation of the Civil Procedure Code and the provisions of the civil rules of evidence,as well as the decisions of the courts at all levels,it is clear that both in legislation and in practice the specific scope of the content of the party statement is in a state of border ambiguity,for civil litigation evidence law in the sense of the extension of the concept of the party statement is also in a confusing situation;Finally,for the party false statements of punishment standards are not uniform,incomplete punitive measures also led to the abuse of litigation rights,the judge to apply estoppel more arbitrary chaos frequently.The existence of these problems is not only contrary to China’s current development direction and practical requirements to improve the quality of adjudication,enhance judicial efficiency and strengthen judicial credibility,however,it is also not conducive to achieving the litigation objective of effective case resolution and therefore requires study and regulation.These problems exist because of the influence of multiple factors,including the lack of meticulous construction in the construction of the civil system,but also such as the definition of the parties’ statement of the wrong concept of distinction,the unreasonable setting of the trial stage.Therefore,the study of the theory underlying party statements in civil litigation while focusing on the problems that exist in reality is an urgent need for judicial practice in China.By putting the experiences of civil law and common law countries and regions into perspective,this paper proposes the following solutions: firstly,judicial interpretation should be taken as a first step,and the dual identity of the parties should be divided from the function of the parties’ statements in the litigation,and the parties’ statements should be separated into two types of statements,namely the explanation of the case and the proof of the facts,in accordance with the essence of argumentism in civil procedure law.-The parties are heard and questioned.The establishment of a special independent enquiry procedure,refining the necessary conditions for the initiation of the procedure;secondly,the promotion of judicial practice,the standardization of the use of the principle of estoppel,the establishment of some specific and feasible can make the party statement of the evidential function of the externalization and full effect of the provisions;finally,the harmonization of legislation and justice,norms and practice,the regulation of false statements penalty standards and penalty content.It is hoped that the research in this article will provide some valuable reference and meaningful assistance to judicial practice in resolving difficult issues.