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自认制度是证据法上一项重要的证据规则,对于事实的认定具有重要意义,同时也是衡量一个国家诉讼模式的重要标准。近年来,随着司法改革的深入,国外的一些诉讼法上的理念被引进国内,自认制度也随着这股浪潮进入到司法实践中来。现行法律的规定中关于自认制度的规定主要见诸于两个规范。即《最高人民法院关于适用〈中华人民共和国民事诉讼法〉若干问题的意见》第75条和《最高人民法院关于民事诉讼证据的若干规定》(以下简称《证据规定》)第8条。但上述规范的存在并不能改变现行自认制度的单薄,其并不能完全覆盖整个自认制度的全部。关于自认在概念和理论上都存在一些模糊点,缺乏明晰的界定。有鉴于此,笔者拟通过对德日等大陆法系国家民事诉讼自认制度的概念及原理的整理,以期展现自认制度的概貌。
Self-identification system is an important evidentiary law evidence rules, for the fact that the identification of great significance, but also to measure a national litigation model an important criterion. In recent years, with the deepening of judicial reform, some foreign litigation concepts have been introduced into the country, and the system of self-admission has also entered the judicial practice with this wave. The provisions of the current law on self-identification system mainly appear in two norms. Namely Article 75 of Opinions of the Supreme People’s Court on Some Issues Concerning the Application of the Civil Procedure Law of the People’s Republic of China and Article 8 of the Supreme People’s Court on Certain Provisions on Evidence in Civil Proceedings (hereinafter referred to as Evidence). However, the existence of the above norms does not change the current thin system of self-admission, which does not completely cover the whole system of admission. There are some vague points about the concept and theory of self-identification, and the lack of a clear definition. In view of this, I intend to adopt the concepts and principles of civil litigation system of civil law countries such as Germany and Japan to sort out, in order to show the overview of self-identification system.