自认中的意思表示

The expression of will on one's own admission

证据制度是沟通民事实体法和程序法的一座桥梁。作为民法的基本概念的意思表示在证据制度中同样有所体现,自认即是其中之一。笔者认为,基于民事诉讼追求真实和解决纠纷的目的,作为一种通过法院和当事人的相互配合探索真相的最佳方式,作为一种能够导致实体法上的后果的诉讼行为,自认本质上就是一种意思表示,意思表示是贯穿自认制度的主线之一。

The evidence system is a bridge between the civil substantive law and the procedural law. The expression of will, as a basic concept of the civil law, is manifested similarly in the evidence system, and one＇ s own admission is one of them. The authors believe, based on the goal of seeking facts and resolving conflicts of the civil litigation, as one of the best ways of seeking after the truth through the cooperation between the court and the parties concerned, and as one kind of litigation which can cause the consequence of the substantive law, one＇ s own admission is an ex- pression of will in substance, and the expression of will is one of the main threads in one＇ s own admission system.