Study on the Application of the Restrictive Admission in the Newly-Revised Provisions of the Supreme People’s Court on Evidence in Civil Procedures  

作　　者：Zheng ni Yang Yang 

机构地区：[1]the Teaching and Research Department of Law, Party School of Sichuan Committee C.P.C [2]College of Marxism,Sichuan University,Chengdu,610065,China

出　　处：《Contemporary Social Sciences》2022年第3期95-107,共13页当代社会科学（英文）

摘　　要：The Supreme People’s Court classifies admission into two types-complete admission and restrictive admission-according to the degree and scope of admission.Article 7 of the newly-revised Provisions of the Supreme People’s Court on Evidence in Civil Procedures provides clear rules for restrictive admission,which is divided into partial admission and conditional admission.In judicial practice,it is relatively easier to identify partial admission.However,the determination of conditional admission entails further considerations regarding whether there is a legal nexus between the attached condition and the admitted fact.Therefore,this study argues that there is a lack of unified rules regarding the applicability of restrictive admission in practice.Starting from the examples from the Supreme People’s Court,this study analyzed the application of conditional admission in judicial practice,as well as the problems and causes in the application of restrictive admission in practice.This article also explores the route to perfecting the rules of restrictive admission from the perspectives of its definition,classification,the onus probandi(burden of proof)and supporting mechanisms.

关 键 词：evidence in civil procedures ADMISSION DISCRETION determination of evidence 

分 类 号：D925.13[政治法律—诉讼法学]