Recently, the Tianba Court of the Xuanwei Municipal People's Court heard a private lending dispute case, in the case of the defendant refusing to appear in court without a legitimate reason, the plaintiff Lu believed that the defendant had admitted the fact of arrears when negotiating with him before the lawsuit, so there was no need to provide evidence.
After the judge's explanation, the plaintiff only submitted a screenshot of the payment through *** scan code, and after review, the payer was not the plaintiff himself, but the plaintiff's family, and the payee information was not available.
Faced with the lack of evidence, the plaintiff Lu panicked, "Judge, I came to the court to file the case before, and I told him in your court, as long as he pays me back the 5,000 yuan, I won't sue, he admits it, you must have heard it, he admitted it, why do you need evidence." ”
After the presiding judge appeased Lu, he called the defendant at the scene of the trial.
Pu, inform you this morning**, why didn't you come on time? ”
Judge, I forgot, now that I'm in Kunming, it's too late. ”
Pu, regarding the loan that Lu sued you, do you recognize the amount of the lawsuit and who is the transferor? ”
Judge, I did send him money, he asked his family to transfer it to me, I definitely admit it, I also want to pay him back, but I am more difficult now, can you give me a leniency. ”
Finally, after the questioning at the trial site, Pu recognized the fact of the loan, and the judge organized the two parties to reach a mediation agreement online.
Self-admission refers to the party's admission of facts that are unfavorable to him/her. The occasions when making a confession is based on a self-admission can be distinguished into a self-admission in litigation and a confession outside of litigation. Extra-litigation self-admission is only a factor affecting the judge's mental evidence, and it is not directly related to the burden of proof, so it is not a concern of the Evidence Law.
We know that mediation and conciliation are both methods for the parties to negotiate with each other and reach an agreement to resolve disputes. It often involves a statement of facts, if the statement will be regarded as a self-admission to harm its own interests, the parties are likely to be unwilling to mediate or settle, and sometimes the parties will make compromises and concessions in order to reach mediation and settlement, and no longer entangle some facts, if this statement is regarded as a self-admission, it may not only violate the true intention of the parties, but also inconsistent with the truth of the facts. In addition, if the negotiation does not reach the desired result, the other party may use these concessions to constitute an unfavorable admission in subsequent litigation, and the parties will be more reluctant to negotiate and make concessions outside the litigation.
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 Article 92 Where one party clearly admits the unfavorable facts in the court trial, or in written materials such as the complaint, reply, and word, the other party does not need to present evidence.
The provisions of the preceding paragraph on self-recognition do not apply to facts that should be investigated by the people's courts ex officio involving identity relationships, national interests, societal public interests, and other facts that should be investigated ex officio.
Where the facts admitted are inconsistent with the ascertained facts, the people's courts are not to confirm them.
Article 107:In litigation, facts recognized by the parties for the purpose of reaching a mediation agreement or compromise in a settlement agreement must not be used as a basis against them in subsequent litigation, except as otherwise provided by law or with the consent of the parties.