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So-calledSelf-confessionrefers to the admission of substantive facts that are unfavorable to the parties in the course of litigation. Self-admission has the effect of exempting the other party from the burden of proof. Self-recognition rulesIt is an important rule in the application of evidence in civil litigation, and the court can determine the facts or evidence admitted by one of the parties after admitting itself.
Self-admission is not evidence, but an exception to the burden of proof, which is the result of the parties' exercise of the right of disposition, and is also the method used by the people's court to determine the facts of the case, which is of great significance for protecting the parties' litigation rights and saving litigation costs.
[Core content].The rule of self-admission means that in the course of litigation, if one party states facts that are unfavorable to itself, or clearly admits facts that are unfavorable to itself, the other party does not need to provide evidence to prove it. Self-admission is limited to the admission of facts and does not include the admission of evidence. (Article 89 of the Rules of Evidence makes a separate provision on the admission of evidence: if the evidence presented by one party is accepted by the other party, the people's court may determine the probative force of the evidence).
[Legal basis].China's provisions on self-recognition are embodied in relevant judicial interpretations, but these judicial interpretations have not yet used the legal term "self-recognition", but have called it"Admission of the parties".。Paragraphs 1 and 2 of Article 92 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China and Article 3 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings provide for the general rules for self-recognition by parties to civil litigation.
According to paragraph 1 of Article 3 of the Rules of Evidence, "in the course of litigation, if a party states facts that are unfavorable to itself, or clearly admits facts that are unfavorable to itself, the other party does not need to present evidence" and paragraph 2 provides that "if a party clearly admits facts unfavorable to itself in the course of evidence exchange, inquiry, investigation, or in written materials such as complaints, replies, and statements, the provisions of the preceding paragraph shall apply" stipulates that the other party does not need to provide evidence to prove the facts admitted by the parties in the course of the litigation of this case, that is, the facts admitted by themselves in the litigation.
[Gist of the Interpretation].
in the "Provisions on Evidence in Civil Procedure".Self-admission refers specifically to the admission of substantive facts
It does not include the admission of claims and the admission of procedural matters. A self-admission is different from an admission of a promise, which refers to the defendant's admission of the plaintiff's claim.
A statement or representation by a party admitting a substantive fact that is unfavorable to itself in the course of litigation. In litigation, it is usually manifested in the direct, positive and unequivocal admission by one party to the other party's assertion of the substantive facts that are unfavorable to it. The object of self-admission shall be substantive facts that can be admitted in accordance with law and are unfavorable to the person who confessed to themselves, and facts related to the public interest, true or ascertained by the court must not be the object of self-admission in litigation.
@自认产生的法律效果
If the self-admission in the litigation has the requirements for validity, after being confirmed by the court, it will have two legal effects: one is binding on the parties, that is, once one party makes a statement or expression of recognition of the substantive facts asserted by the other party that are unfavorable to itself, the other party does not need to provide evidence to prove the facts. Second, it is binding on the court, and the effect of self-recognition cannot be denied under the absence of legal circumstances.
@自认必须发生在诉讼过程中: Admission outside of litigation (including facts admitted by the parties in a separate case from the litigation of this case) does not have the effect of exempting the opposing party from the burden of proof. The provisions of Article 3 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings shall not apply.
Different from self-admission in litigation, self-admission outside litigation is only a factor affecting the judge's mental evidence, and it itself is not directly related to the burden of proof, and does not have the effect of exempting the other party from the burden of proof.
Self-recognition should generally be clearly statedAn implied self-admission must meet the statutory conditions
An express self-admission means a positive and unequivocal acknowledgment. Implied self-admission refers to the fact that one of the parties neither admits nor denies or disputes the facts asserted by the other party, that is, makes a negative admission by means of silence.
In the case of implied self-admission, the effect of self-admission can only arise if it is deemed to be self-admission under the law. Article 4 of the Provisions on Evidence in Civil Procedure makes the adjudicator's exercise of the right of interpretation a necessary condition for confirming the establishment of an implied self-admission, that is, only after the adjudicators have fully explained and the parties still do not clearly express affirmation or denial, can it be regarded as self-admission.
ForAmendments and additions to the "principle of self-admission" in the Rules of Evidence。It is mainly reflected in the following aspects:
1. Rules for self-admission by the person entrusting the litigant:* the self-admission of the * person, which stipulates that except for the matters expressly excluded by the power of attorney, the self-admission of the litigant * * is regarded as the self-admission of the parties. Where a party is present and clearly denies the self-admission of the person in the litigation, it is not to be regarded as a self-admission;Where a party is present but does not deny it, it is to be viewed as a party's self-admission. In addition, if the parties believe that the self-admission of the person entrusting the litigation conflicts with their own will, they may request to revoke the self-admission of the person and make the self-admission of the person invalid.
2. Rules for self-admission by joint litigants:Only a self-admission made jointly by all the joint litigants can have the effect of self-admission, and where some of the joint litigants make a self-admission but other joint litigants deny it, the effect of self-admission cannot occur. At the same time, in order to prevent some necessary joint litigants from obstructing the conduct of litigation with a negative attitude, the rule of pseudo-admitting may be applied to necessary joint litigants who have responded passively to facts unfavorable to them.
3. Provisions restricting self-recognition or conditional self-recognition:In the case of simply admitting some facts and denying other facts, i.e., partial self-admission without conditions, it shall be determined that the act of admitting part of the facts constitutes self-admission, and the part of the denial does not constitute self-admission. In the case of an admitted, the question of whether the attached condition is inseparable from the admitted fact should be examined.
4. Conditions for revocation of self-recognitionBased on the principle of good faith, except in specific circumstances, the party who made the self-admission may not arbitrarily revoke the self-admission. However, there are two circumstances in which a party may revoke its self-admission before the conclusion of the court debate: 1) with the consent of the other party;2) If the confession was made under duress or a major misunderstanding, the confession may be revoked.
(Author: Wang Honglawyer [Law as the Sword] Yunnan Hengzhi Law Firm).
History-related articles
Today's Interpretation: The Evidence Obstruction Rule.
Today's Interpretation: The principle of "the denier does not bear the burden of proof" in the rules of evidence.
Today's Interpretation: A Closed-Loop Standard for the Chain of Evidence.