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相比较于英美法系和大陆法系的国家,我国的自认制度起步较晚,没有相对完备的理论基础和实践基础。在自认制度形成之后,我国因对其缺乏完备的理论研究,导致在司法实践中对该制度的运用相对落后于两大法系。而对一项制度的研究,免不了要深入研究其构成要件,因此,我们期望于通过充分研究自认制度的构成要件来深入了解自认制度,使其发挥出降低诉讼成本、提高诉讼效率等作用。本文就从主体要件、时间要件、对象要件、方式要件等对自认的构成要件加以了研究,以期能够充分了解自认制度。
Compared with Anglo-American legal system and civil law system, our self-identification system started late, there is no relatively complete theoretical and practical basis. After the self-identification system was formed, due to its lack of complete theoretical study, our country lags behind the two legal systems in the judicial practice. However, the study of a system will inevitably have to deeply study its constitutional requirements. Therefore, we expect to understand the system of self-identification through full study of the constitutional elements of the system of self-identification, so as to make it play a role in reducing litigation costs and raising litigation efficiency . In this paper, the main elements, the time elements, the object elements, the elements of the method of self-admitted to the composition of the elements have been studied in order to fully understand the system of self-admission.