论民事诉讼自认的效力
发布时间：2019-04-10 18:26
【摘要】：自认的效力是指在民事诉讼过程中，经当事人承认的于己不利的事实，无需对方当事人举证，也无需法院依职权调查其真实性就能对当事人和法院产生拘束力，，限制争执及举证的范围。承认自认的效力是自认人自由意志、充分表达自己意愿和自由处分自己权利的体现，有助于弱化法官职权，强化当事人主体地位，促进我国民事诉讼模式由职权主义向当事人主义转变；也有利于简化诉讼程序，提高诉讼效率，充分利用有限的司法资源。但依据现有法律运用自认效力规则会产生一系列问题，需对相关规则进行完善。民事诉讼过程中，由于自认在法定情形下可以被撤销的，会导致笔录前后不一致，因此，可以对当事人自认事实单独制成笔录，将它与一般的庭审笔录区分开来。最高人民法院《证据规定》第八条第四款、第七十四条对自认撤销的规定存在不一致，这会导致适用法律的不确定性，容易引起混乱，需要立法统一其规定。我国更倾向职权主义模式的民事诉讼模式影响自认效力的发挥，而当事人主义模式是自认规则存在的理想环境，所以要从根本上转变诉讼模式。
[Abstract]:The effect of self-admission means that in the course of civil litigation, the facts admitted by the parties against themselves do not need to be proved by the other party, nor is it necessary for the court to investigate its authenticity ex officio so as to have a binding force on the parties and the court. Limit the scope of disputes and proof. Recognition of the effect of self-admission is the embodiment of the free will of the self-confessed person, the full expression of his will and the free disposition of his rights, which helps to weaken the power of the judge and strengthen the subject position of the parties concerned. To promote the transformation of civil litigation mode from functional doctrine to party doctrine in our country; It is also beneficial to simplify the procedure, improve the efficiency of litigation and make full use of limited judicial resources. However, according to the existing laws, there will be a series of problems in the application of the self-admission effect rules, which need to be perfected. In the process of civil litigation, because the admission can be revoked under the legal circumstances, it will cause the inconsistency of the transcript. Therefore, the self-confessed facts of the litigants can be made into separate transcripts, which can be distinguished from the ordinary court transcripts. There are inconsistencies in Article 8, paragraph 4, and Article 74 of the Supreme people's Court on the withdrawal of self-admission, which will lead to uncertainty in the application of the law and easily lead to confusion, requiring legislation to unify its provisions. In our country, the mode of civil litigation, which is more inclined to the mode of professional doctrine, affects the exertion of self-admission, and the adversarial model is the ideal environment for the existence of self-admission rules, so it is necessary to fundamentally change the mode of litigation.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
本文编号：2456023
[Abstract]:The effect of self-admission means that in the course of civil litigation, the facts admitted by the parties against themselves do not need to be proved by the other party, nor is it necessary for the court to investigate its authenticity ex officio so as to have a binding force on the parties and the court. Limit the scope of disputes and proof. Recognition of the effect of self-admission is the embodiment of the free will of the self-confessed person, the full expression of his will and the free disposition of his rights, which helps to weaken the power of the judge and strengthen the subject position of the parties concerned. To promote the transformation of civil litigation mode from functional doctrine to party doctrine in our country; It is also beneficial to simplify the procedure, improve the efficiency of litigation and make full use of limited judicial resources. However, according to the existing laws, there will be a series of problems in the application of the self-admission effect rules, which need to be perfected. In the process of civil litigation, because the admission can be revoked under the legal circumstances, it will cause the inconsistency of the transcript. Therefore, the self-confessed facts of the litigants can be made into separate transcripts, which can be distinguished from the ordinary court transcripts. There are inconsistencies in Article 8, paragraph 4, and Article 74 of the Supreme people's Court on the withdrawal of self-admission, which will lead to uncertainty in the application of the law and easily lead to confusion, requiring legislation to unify its provisions. In our country, the mode of civil litigation, which is more inclined to the mode of professional doctrine, affects the exertion of self-admission, and the adversarial model is the ideal environment for the existence of self-admission rules, so it is necessary to fundamentally change the mode of litigation.
【学位授予单位】：暨南大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
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