自认的效力与撤销——兼论《民诉证据规定》第9条

The Validity and Revocation of Self-Admission—On Rule 9 of the Civil Procedure Evidence Provisions

自认对当事人有直接拘束效力,对法院有间接拘束效力,且对法院的拘束力为核心效力。自认的撤销关系到自认效力存续与否。出于对自认效力的尊重以及诉讼安定等因素的考虑,除法定情形外,自认不能随意撤销。《民诉证据规定(2001)》对出于重大误解或受胁迫而自认设置了较为严苛的撤销条件并引起了广泛争议。18年后,《民诉证据规定(2019)》对上述两种情形下自认的撤销作了修改,在很大程度上改进了原规定的不合理之处。但法律的完善不可能一蹴而就,《民诉证据规定(2019)》仍然存在值得商榷之处。

Self-admission has direct binding effects on the parties and indirect binding effects on the court, which is called the core effect. The validity of self-admission relates to its revocation. Due to the respect for the validity of self-admission and the stability of litigation, self-admission cannot be revoked at will except legal situations. The Civil Procedure Evidence Pro-visions (2001) has set up severe conditions for revocation of self-admission due to serious misun-derstanding or coercion resulting in widespread controversy. Eighteen years later, the Civil Proce-dure Evidence Provisions (2019) amended the revocation of self-admission in the above two situa-tions, which improved the unreasonableness of the original regulation to a great extent. However, the improvement of the law cannot be accomplished overnight, and there are still some points to be discussed in the Civil Procedure Evidence Provisions (2019).