论文部分内容阅读
一、引言自认制度是当事人主义诉讼模式下的自然产物,其产生的理论基础是被称为私法帝王原则的诚实信用原则,以及当事人主义诉讼模式所特有的辩论主义原则。关于自认的概念在学界并不统一,分歧的焦点在于自认的客体是否包含一方当事人对他方当事人诉讼请求的认诺。国外传统自认理论的主流观点认为,对事实的自认和对诉讼请求的认诺是两种不
I. INTRODUCTION Self-identification system is a natural product in the litigation mode of party litigation. Its theoretical foundation is the principle of honesty and credit, which is called the principle of private law and the principle of the debate doctrine which is peculiar to litigant litigation mode. The concept of self-identification is not uniform in academia. The focus of disagreement lies in whether the self-identified object contains the promise of one party’s claim to the other party. The mainstream view of the traditional theory of self-admission that the admission of the facts and the claim of litigation is the two are not