民事限制自认本质构造的解释论

Interpretation Theory of the Essential Structure of Civil Restrictive Self-admission

结合民事限制自认的规则现状,分析认为限制自认有别于完全意义上的自认,属于广义范畴。阐述了限制自认的基本含义,指出限制自认必须与部分自认、间接否认及抗辩假定进行明确区分,以防止将抗辩内容等同于其内涵,以及概念之间发生混同。通过对限制自认的规范构造进行分析,明晰其构成要件和效力。

Combining with the current status of the rules about restrictive self-admission,this article believes that restrictive self-admission is different from self-admission in the full sense and belongs to a broad category.On the basis of expounding the basic meaning,it points out that the restrictive self-admission must be clearly distinguished from partial self-admission,indirect denial and counterplead assumptions,so as to prevent the content of the counterplead from being equated with its connotation and the confusion between concepts.It analyzes the normative structure of restrictive self-admission in order to clarify its constituent elements and effectiveness.