2008年司法考试答疑周刊民事诉讼法专题（2008 judicial examination questions and answers weekly special subject of Civil Procedure Law）.docVIP

2008年司法考试答疑周刊民事诉讼法专题（2008 judicial examination questions and answers weekly special subject of Civil Procedure Law） According to civil evidence regulations article eighth paragraph first - 3 were provided for three cases of admission. (1) in the process of litigation, a party to the other party of the statement of the facts of the case expressly acknowledged, the other party without the burden of proof. Except for cases involving the identity of. Note: the provisions before the other parties in the proceedings expressly acknowledged, except those involving the identity of the case. (2) to party a statement of fact, the other party neither acknowledges nor denied, the judicial personnel fully explained and asked after the still not clear affirmation or negation, as a recognition of the fact. Note: this paragraph of the judicial personnel fully and ask the program. (3) the party entrusts an agent to participate in litigation, the agent admitted as the recognition of the parties. But without special authorization of the agent to the recognition of the fact that directly leads to the recognition of each other except the claim; the parties present the recognition of their agents but not to deny that, as the recognition of the parties. Withdrawal of admission: (1) the parties before the end of court debate, the consent of the other party. (2) there is sufficient evidence to prove that its recognition behavior is a major misunderstanding by coercion or circumstances and inconsistent with the facts. (3) also need to pay attention to: The parties involved but no dispute of national interests, social public interests or the legitimate rights and interests of others in the peoples court may order the parties to provide relevant evidence for the fact that. Even if the litigant, also need to provide evidence. In the lawsuit, the parties to the facts of the case involved as a compromise to reach a mediation agreement or settlement approval, shall not be used as evidence against t