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我国现行民事诉讼法未规定当事人不知陈述的效力,只是规定了拟制自认。我国在构建民事诉讼当事人不知陈述制度时,应注意是否允许当事人作不知陈述不应该完全取决于陈述的事实是否涉及当事人本人的行为或认识范围内的对象,而应考虑当事人对该事实是否履行了探知义务。当事人只要履行了探知义务,就应许可该当事人为不知陈述。法官在认定当事人不知陈述的效力时应充分行使释明权,并公开其心证,以保障当事人的程序利益。
The current Civil Procedure Law in our country does not stipulate that the parties do not know the validity of the statement, but only stipulate that they will be self-identified. When setting up the system of declarations unknown to civil litigants, our country should pay attention to whether the parties should be allowed to make statements about whether or not they should not depend solely on the facts of the statements. It should consider whether the parties have fulfilled the facts Discover obligations. As long as the parties to fulfill the obligation to ascertain, they should be allowed to declare the parties do not know. When the judge finds that the parties do not know the validity of the statement, they should exercise their full power of interpretation and disclose their testimony in order to protect the procedural interests of the parties.