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Admission System and the Discussion of Localization

Author: ZhangSiYin
Tutor: WuYingZi
School: Nanjing University
Course: Legal
Keywords: Civil action Of admission Clarify the rights
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 41
Quote: 0
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Abstract


As we all know, a civil action, the judge finds that the facts of the case and the final judge of the results to make should be around in evidence, that is, with the evidence analyzed judgments restored back to the fact that in the past, then the rule of law. It can be said that the evidence is the cornerstone of the purpose and value of civil litigation. Because of this, the study of the Civil Evidence System of Civil Procedure run with great significance. Throughout the Civil Procedure Law, the comparison principle, but under the long-standing issue of evidence available for the actual operation of the rules of evidence is also a slight lack refinement. Legislation in order to improve our evidence, the admission system clearly is an unavoidable problem. Consider themselves the proper use of the system, can play a role to simplify the proceedings, the efficiency of the proceedings;, and claims the system gives the party autonomy to full respect for the highlight of procedural justice. With the acceleration of the reform process of Civil Trial the program principal position of the parties can be greatly improved, in this context, the study of admission will have far-reaching significance. Our current laws, judicial interpretation of the Supreme People's Court made a more detailed rules on the composition, scope, type, and effectiveness of the self-confessed. However, the admission system still exists in our country, such as the legislative level, the law is imperfect, with more repetitions and contradictions. Moreover, the weight of the original entity, the judicial philosophy of Light program, historical and cultural traditions of various old factor in our good run of admission constitutes a larger obstacles. Because of this, the paper first analyzes the health of China's admission system, and point out there, such as the low level of legislation, the legislation is not perfect and there are contradictory to local problems. Departure from the existing problems in China, some of the basic theory of the admission system do a comb clarify consider themselves on the legal attributes, characterized as a combination of behavior of the proceedings and the rules of evidence; explore the constituent elements do you think are the avowed object is limited to the main fact, and negate consider themselves the fact that in the self-defeating; withdrawal of admission made more detailed combing our legal withdrawal divided into two cases consider themselves, for the second kinds of situations, that there is a major misunderstanding or withdrawal made the admission in the case of stress, advocated only prove the existence of external coercion or consider themselves to facts untrue. Finally, on how to improve the system of China's admission to a number of recommendations, focusing on the surrounding environment and institutional support are discussed in trial mode, accelerate the transformation of the establishment of a mandatory respondent system.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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