摘要
追复规定是拟制自认区别于明示自认最为显著的特点之一,大陆法系国家的不少学者以及我国台湾地区的学者认同拟制自认这一特点。然而,追复规定对拟制自认的众多消极影响却未能引起学者的关注。在我国民事证据立法日益关注自认制度并试图引进拟制自认背景下,对拟制自认追复规定作理性审视,将对我国民事证据研究有所裨益。
The prescript of objection is one of the most prominent features of implied admission that is different from express admission, which is approved by some scholars in continental law countries and the scholars in China＇ s Taiwan Island. However, they have paid little attention to the negative impact of prescript of objection upon implied admission. Since China is paying more and more attention to implied admission and is trying to introduce it into her legal system, it is necessary for us to have a rational consideration of the prescript of objection so as to further China＇ s studies of civil evidence.
出处
《西南政法大学学报》
2006年第1期86-90,共5页
Journal of Southwest University of Political Science and Law
关键词
拟制自认
自认
追复
implied admission
admission
objection
