试析民事诉讼中的自认制度

On self-admission of civil procedure

作为民事诉讼中一项古老而重要的制度,自认制度有着能够简化诉讼程序、提高诉讼效率、实现诉讼经济的优点。因此,对自认制度的研究是具有重大意义的。自认的实质是免除对方当事人的证明责任,而不以"于己不利"为要件,与自白、认诺、承认存在本质的不同。它需在诉讼中作出,且以当事人为其主体要件,以当事人对能够直接引起法律效果发生的主要事实的陈述(该陈述与对方当事人对事实的陈述相一致)为客体要件。当今我国的自认制度存在诉讼模式的制约、法律规定不足、已有规定不明确等问题。对此,我们应当在诉讼模式上逐步向当事人主义过渡、在立法上完善自认制度、在已有规定上以解释明确适用。

Self-admission, as an important legal system of civil procedure, has function that is simplified to contentious procedure, sumptuary procedure＇s cost, the rising of litigation emciency, and aware of the risk of procedure. Therefore, the study of the system of the about avowed is of great significance. Its essence is exempt from the other party proof responsibility, not by ＂to have bad＂ for elements, and confessions, Enoch, admits that exist different nature. It should be made in litigation, and to the parties in the main body of the elements, to the parties to the direct causes of the legal effect of the main fact that happened the statement （this statement and the other party to the statement of the facts is consistent） as the object of elements. Today＇s China had the system existing litigation mode of restriction, the law has been insufficient, clearly provisions. To this, we should be in the litigation mode gradually to the parties in legislation, its transition from system, perfect the existing provisions apply to explain clearly.