论民事诉讼自认制度

发布时间：2018-03-13 09:38

本文选题：民事诉讼　切入点：自认　出处：《中国政法大学》2011年硕士论文　论文类型：学位论文

【摘要】：自认制度以其在当事人主义诉讼模式中的重要作用,由于能简化诉讼程序、节约诉讼成本、实现司法公正、提高诉讼效率在世界上大多数国家得到了重视,无论在英美法系还是在大陆法系国家都得到了长足发展。两大法系国家在理论上对自认制度有较为深入和系统的研究,在司法实践中有具体的、科学的运用。相比之下,我国现行的民事诉讼中的自认制度尚有许多不完善的地方,缺乏系统性和全面性,故其在司法实践中不能最大程度地保障司法公正,提高诉讼效率。基于此,笔者从自认的基本理论入手,对自认的主体、客体和自认的效力进行深刻的理论剖析,并对两大法系的自认制度进行比较,以期找出我国目前适用的自认制度中存在的不足,希望对我国现行自认制度的完善略尽绵薄之力。全文除引言与结论外,共分为六章: 第一章,自认概述。文章着重介绍了自认的含义、自认与认诺的区别、自认的分类、自认的性质,并对有关内容现存的争议阐述了笔者的见解。第二章,自认的主体。这一章主要对原告、被告及法定诉讼代理人、委托诉讼代理人、共同诉讼人、诉讼代表人和第三人中不同的自认主体作出自认的条件及产生的法律效力分别予以分析。第三章,自认的客体。这一章对自认的客体进行了明确清晰的论述,明确了自认的客体只能为案件的主要事实而非权利主张,且该主要事实不仅包括对自认人不利的事实还包括对自认人有利的事实,并对不属于自认客体的情形进行了一一论述。第四章,自认的效力。这一章从自认对自认人、对方当事人和受诉法院三个方面全方位阐述了自认的效力,在此基础上,进一步对自认的撤回进行了分析。第五章,两大法系国家与地区自认制度比较分析。本章对两大法系国家与地区关于自认制度的规定进行了详细的阐述,从比较法的角度对两大法系国家与地区自认制度进行了深刻的剖析和总结,以此对构建我国自认制度提供一定的借鉴作用。第六章,我国民事自认制度的现状分析及完善构想。本章首先阐述了我国自认制度的历史沿革,在此基础上分析了我国自认制度的运行现状,以此为前提,对进一步完善我国现行的自认制度提出一系列的构想。
[Abstract]:Due to its important role in the mode of litigant litigation, self-admission system has been attached importance in most countries in the world because it can simplify the litigation procedure, save the litigation cost, realize the judicial justice and improve the litigation efficiency. Both in the common law system and in the civil law system countries have made great progress. The two legal system countries have more in-depth and systematic research on the admission system in theory, and have specific and scientific application in judicial practice. There are still many imperfections in the system of self-admission in the current civil action in our country, which lacks systematicness and comprehensiveness, so it can not guarantee judicial justice to the maximum extent in judicial practice and improve the efficiency of litigation. Starting with the basic theory of self-admission, the author makes a profound theoretical analysis of the subject, object and effectiveness of self-admission, and compares the admission systems of the two legal systems in order to find out the shortcomings of the self-admission system which is applicable in our country at present. The author hopes to make a little contribution to the perfection of our country's current self-admission system. In addition to the introduction and conclusion, the full text is divided into six chapters:. The first chapter is an overview of self-admission. The article mainly introduces the meaning of self-admission, the difference between self-admission and admission, the classification of self-admission, the nature of self-admission, and expounds the author's views on the existing disputes about the content of self-admission. Chapter II, the subject of admission. This chapter deals mainly with plaintiffs, defendants and legal litigants, entrusting ad litem agents, joint litigants, The conditions and legal effects of the different admission subjects in the litigation representative and the third party are analyzed respectively. The third chapter, the object of self-admission. This chapter has a clear and clear discussion on the object of self-admission, which makes it clear that the object of self-admission can only be the main facts of the case rather than the claim of rights. The main fact includes not only the fact that is unfavorable to the self-confessed person, but also the beneficial fact to the self-confessed person, and the case that does not belong to the object of self-admission is discussed one by one. Chapter 4th, the effect of admission. This chapter expounds the validity of self-admission from three aspects: the self-admission to the person, the other party and the accused court. On this basis, the author further analyzes the withdrawal of self-admission. Chapter 5th, the comparative analysis of the self-admission system between the countries and regions of the two legal systems, this chapter expounds in detail the provisions of the self-admission system in the countries and regions of the two legal systems. From the perspective of comparative law, this paper makes a profound analysis and summary of the self-admission system in the countries and regions of the two legal systems, thus providing a certain reference for the construction of the self-admission system in our country. Chapter 6th, the present situation analysis and perfect conception of China's civil admission system. Firstly, this chapter expounds the historical evolution of our country's self-admission system, and on this basis, analyzes the current situation of our country's self-admission system, taking this as the premise. Put forward a series of ideas to further perfect our country's current self-admission system.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.1

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