试析我国民事诉讼法的默示自认规则

The Primary Study of Tacit Admission in China's Law of Civil Litigation

自认规则为大家所熟悉的主要是明示自认,而对默示自认规则,虽然我国民事法律法规中有所规定,但往往得不到足够的重视,在实践中也很少运用。事实上,在民事诉讼活动中,当事人沉默在司法实践中时有发生,适当的运用默示自认规则不仅对提高诉讼效率有所帮助,也可以保障双方当事人权益。

A lot of people are familiar with the rule of admission in the civil law procedure, but they usually pay little attention to tacit admission. Though is formulated in China＇s law of civil litigation, it applied little in practice. In fact, in the practice of justice, it is very common that one party does not refute the adverse facts held in lawsuit by the adversary, which is called tacit admission in theory. Exerting tacit admission properly not only improves the effieiency of the proceedings, but also guarantees the interests of both parties.