论自认效力否认之依据-基于“诚＂与“信”的法理展开

自认制度既是民事诉讼辩论原则的内在要求,也是当事人行使处分权的外在表现。自认对于争议之两造以及法院均产生约束力。自认免除了对方当事人对相关事实的证明责任;法院应将自认之事实作为判决的基础;而自认一方当事人应言而有信,不得撤回自认。否认自认效力的依据在于当事人对案件事实的承认严重背离了诚信原则的真实要求。自认效力的否认包括家事诉讼中对超越辩论主义和处分主义支配范围事实的承认、虚假诉讼中对以侵犯他人利益为目的的虚假事实的承认以及对违反众所周知事实的承认三种情形。自认效力的承认与否认型构了自认制度的基本框架,并共同承担向社会倡导诚实守信的良好行为风尚的功能。

On Denying of Admission Effect -Based on Principle of Honesty and Credibility

In civil proceedings, the admission rule is not only the inherent requirements of the principle of debate, but also external manifestations of the exercise of the right of disposition by the parties. The admission binds on both the parties and the courts. The admission exempt the other party from the burden of proof on the relevant facts, the court should consider the admissions as the basis of the judgment, and the party who makes the admission can not revoke the admission. The basis of the denying of the admission effectiveness lies in the serious departure from the reality re quirements of the principle of honesty and credibility. The denying of admission effect includes three cases, the recognition of the facts beyond the scope of the principle of debate and dispose in the fam ily litigation, the recognition of the facts which infringe the interests of other persons in false lawsuit, and the recognition of the facts in violation of other well-known facts. The admission and denying of the admission effect construct the admission rule and take the function to promote the good behavior habits of honesty and trustworthiness in the community er