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自认是民事诉讼上的一项重要制度 ,大陆法系和英美法系国家对此都有较为完善的规定。相比之下 ,我国有关自认的规定不仅过于原则 ,而且可操作性不强 ,故在实践中未能发挥其应有的程序功能。同时 ,从诉讼理论上来看 ,我国很少有学者对之加以系统论述 ,对某些问题也未能达成共识。本文结合国内外的理论和实践 ,对自认的若干问题进行比较深入的探讨 ,以期对我国的自认理论和制度建设有所裨益。
Consider themselves as an important system in civil lawsuit, civil law system and common law country have more perfect rules. In contrast, China’s self-admission provisions are not only too principled, but also not operable, so in practice they failed to play its due process function. At the same time, from the perspective of litigation theory, few scholars in our country systematically discussed it, and failed to reach a consensus on certain issues. Based on the theories and practices both at home and abroad, this article makes a more in-depth discussion on some problems of self-identification in the hope of benefiting our self-assertion theory and system construction.