民事诉讼自认若干问题研究

Research on Problems of Admission in Civil Actions

以逻辑论证的方法对自认概念的含义进行层次性的划分和论述。对与自认相近似且容易混淆的推定、权利认诺、司法认知和承认等制度进行了对比和分析,阐述了它们之间的异同点,明确了自认概念的内涵和外延。分析了诉讼上自认和诉讼外自认的性质,并评价了《最高法院证据适用规定》中有关自认制度规定的成就与不足。

By using logical reasoning, this disquisition systematically demonstrates the academic classification of various kinds of sub-conceptions of admission. Though notifying similar and different aspects of these analogous conceptions in civil procedural academics, it also makes some interesting comparisons among admission, presumption, acknowledgment of claims, judicial notice, and acknowledge. This article not only examines the connotation and the extension of admission, but also analyses the characters of the in-trial admission and the out-trial admission. Lastly, concerning to the issues of achievements and limitations of the 'evidence rules'on admission system, which stipulated by supreme people's court, this treatise makes some valuable appraisement.