论民事诉讼上的权利自认

On self-admission of right in civil procedure

权利自认,是指民事诉讼中当事人对作为诉讼标的前提的权利关系的承认。对权利自认的研究可以促进完整自认制度体系的构筑,进而对相关规则的完善和发展提供可行性建议。具体研究可从其概念和构成要件等基本问题入手,在分析权利自认较之事实自认和认诺之本质区别的基础上,把握其基本属性,然后对其效力和运用后果加以解析,最终将相关结论落实在制度布设上。

Self-admission of right means the recognition of the party on the relationship of right as the premise of the subject of litigation in civil procedure.The research of self-admission of right can contribute to the building of a complete system of self-admission,and thereby propose feasible suggestions on improvement and development of the relevant rules.A specific study should begin with the research of the concept and elements of self-admission of right;then compare it with self-admission of fact and recognition of claim;on this basis,analyze its property,effectiveness and consequence;at last,implement the relevant conclusions on the implementation of the system.