试论民事自认的效力

An approach to the validity of admission

自认的效力是指自认有效成立后对法院、自认当事人所产生的拘束力及对对方当事人所产生的拘束力和免证效力。自认对于法院和双方当事人所产生效力有所不同,其法理依据各异。由于客观案件的复杂性、多样性,更出于诉讼政策、诉讼价值冲突的考量,在一些特殊情形下所作出的自认不生效力,且对于有效成立的自认,只要具备合适的条件也可以撤销。

Admission validity refers to the restriction to the court and the admissioner as well as to the effect to confine the opposite partner and exempt him from his burden of evidence after admission has taken effect. Admission can generate different validities to the court and both partners based on different theoretical foundations. Under some special circumstances, due to complexity and diversification of objective cases, in view of procedural policy and value conflict, admission has no validity, even effective admission can be withdrawn in a sound condition.