自认证据化:表征、法理辨正与矫正路径

民事诉讼中的自认在规范层面及实务层面经常被降格为某种“证据”加以运用。自认证据化的程序设定成因在于我国自认的形式、阶段及对象均较为宽泛,导致自认与证据等心证来源混杂。自认证据化并不契合自认制度的理论根据和程序机能。基于民事诉讼诚实信用原则所导出的真实义务、法官心证原则以及虚假自认损害第三人利益之结果,仅能否定少数特定情形下的自认具有刚性拘束力,这也契合辩论主义之意蕴,并能与自认撤销制度相协调。据此,应在限缩自认程序设定的前提下普遍确立自认的刚性拘束力,在此基础上列举否定自认效力的例外情形。

On the Evidential Trend of Confession of Facts:Characterization,Dogmatical Distinguishment and Path of Rectification

Confession of facts in civil litigation is often downgraded as some kind of“evidence”at the normative and practical levels.The causes of evidential trend of confession of facts in respect of procedural settings are the extensive scope of the forms,stages,and objects of confession of facts in China,resulting in confession of facts mixed with sources of moral conviction such as evidence.Evidential trend of confession of facts doesn't coordinate with theoretical ground and procedural function of confession system.Based on the duty of truth which is deduced from the principle of good faith in civil justice,the principle of discretional evaluation of evidence by judges and the outcome of damage to the third party caused by false confession of facts,the rigid binding force of confession of facts can be rejected only in minority cases.This also fits the meaning of the principle of debate,and can coordinate with the institution of withdrawal of confession.Therefore,the rigid binding force of confession of facts should be generally established on the premise of restricting the procedural settings,and on this basis,the exceptional cases for negating the validity of confession of facts can be listed.