试析民事诉讼中自认的构成要件

An Analysis on Avowed Constitutive Factors in Civil Lawsuit

由于历史的局限,我国在民事诉讼中对自认构成要件的理论研究,还远落后于司法实践。加强对自认构成要件的理论研究,对指导司法实践,降低诉讼成本,提高诉讼效率,实现司法公正具有重要意义。文章从自认的主体、主观方面、客体、客观方面四个要件入手,对自认的构成作了一些探讨,力求对我国民事诉讼中自认规则的构建有所裨益。

Theory research about avowed constitutive factors in civil lawsuit drops behind legal practice largely because historical limited. So enhancing the research has important meaning to guiding legal practice, debasing lawsuit cost, improving lawsuit efficiency and realizing legal fair. The paper make some discussions about avowed constitutive factors from its subject, subjective, facets, object and bojective facets, in order to doing some benefit to building of avowed rules in civil lawsuit.