论文部分内容阅读
自认规则,是民事诉讼当中最基本的规则之一,在无论是大陆法系还是英美法系都有自认规则的详细规定。我国立法上虽然有关于自认规则的规定,但却不够完善,而且也仅在司法解释中对自认作了较为模糊的规定。同时,我们也不难发现我国的自认规则的过于笼统,在实践当中可操作性极弱,故而使得其功能得不到充分发挥。本文就我国自认立法存在的立法及缺陷进行简要分析,并提出适当性的建议从而进一步完善我国的自认规则。
One of the most basic rules in civil litigation is the self-identification rule, which has the detailed rules of self-identification rules in both civil and common law systems. Although there are provisions in our country’s legislation on the rules of self-identification, they are not perfect enough. However, we only make some vague stipulations in our judicial interpretation. At the same time, it is not difficult for us to find that the rules of self-identification in our country are too general and very weak in practice, so that their functions can not be brought into full play. This article makes a brief analysis of the legislation and defects existing in China’s self-admitted legislation, and puts forward the suggestion of appropriateness so as to further improve our own self-recognition rules.