限制自认性质探析

Definition of the Nature of Restricted Self Admission

2019年颁布的《最高人民法院关于民事诉讼证据的若干规定》首次将限制自认明文化,使得限制自认从学理概念变为法律制度。明确限制自认的性质对该制度的发展与完善有着重要意义。通过对9篇限制自认裁判文书进行分析可以发现,我国限制自认实践出现将间接否认认定为限制自认、限制自认类型把握不明和限制自认性质认定顺序颠倒的问题。出现这些问题的主要原因在于限制法律规定模糊、理论研究滞后以及法官自由裁量权过大。厘清限制自认性质要与限制自认类型结合。限制自认按照承认事实与所附条件之间的关系可以分为部分自认、可分割附条件自认与不可分割附条件自认三种类型。部分自认与可分割附条件自认中的自认部分事实具有自认性质,而不可分割附条件自认的性质则需要法官进行裁量。

The“Several provisions of the Supreme People’s Court on evidence in civil litigation”promulgated in 2019 will limit self-recognition culture for the first time,which makes the limited self-admission change from a theoretical concept to a legal system.It is of great significance for the development and improvement of the system to clarify the nature of the restriction of self-admission.Through the analysis of nine judicial documents on restricting self-admission,it can be found that there are some problems in the practice of restricting self-admission in China,such as the recognition of indirect denial as the restriction of self-admission,the unclear grasp of the type of restricted self-admission,and the reverse order of the identification of the nature of restricted self-admission.The main reasons for these problems lie in the vague legal provisions,the lag of theoretical research and the excessive discretion of judges.In order to clarify the nature of restricted admission,it should be combined with the types of restricted admission.According to the relationship between the admitted facts and the attached conditions,restricted admission can be divided into three types:partial admission,divisible conditional admission and indivisible conditional admission.In partial admission and separable conditional admission,part of the facts have the nature of self-admission,while the nature of indivisible conditional admission needs law Officials to make their own decisions.