自认作为排除传闻证据的例外,后逐渐演变成为刑事、民事和行政三大诉讼的一条重要证据规则。我国《民事诉讼法》对自认制度未作规定,其他法律文件中与此有关的规定也廖若晨星。本文着重论述了“于己不利”不能成为自认成立之法律要件的原因,并在此基础上归纳了自认成立应具备之要件,最后,对若干自认分支制度进行了重构。 As an exception to the rule of hearsay, it gradually evolved into an important evidentiary rule for the three major criminal, civil and administrative lawsuits. China’s “Civil Procedure Law” does not provide for the system of self-recognition, and other relevant provisions in other legal documents are also Liao Ruo-chen. This article emphatically expounds the reason that “oneself is unfavorable” can not be regarded as the legal element of self-admission, and on this basis, it summarizes the essentials that one should consider necessary to establish itself. Finally, it reconstructs some self-affirming branch systems.