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On the Statement of the Parties in Chinese Civil Litigation

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2021, (33), pp.53-76
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : March 12, 2021
  • Accepted : April 27, 2021
  • Published : April 30, 2021

Bao,Bing-Feng 1 Mao, Jia-Jing 1

1西南政法大学

Accredited

ABSTRACT

The litigants play two roles in civil litigation, that is, litigation subject and evidence method. Correspondingly, the party's statement can be divided into the litigant's statement of the subject of action and the party's statement of evidential significance. Because China has not distinguished the two kinds of Party statements for a long time, the evidential value of the parties' statements has not been fully developed. In China's civil litigation, as an independent form of evidence, the function of the statement of the parties is dormant due to the contradiction of the relevant provisions in the legislation. Therefore, it is necessary to modify and improve the relevant provisions from the legislation to form a complete set of party statement system to fully activate its evidence function, so as to change the current situation of the marginalization of the party's statement in the civil evidence system, and get the application of judicial practice on the track of justification under the guidance of norms.

Citation status

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