As a party in the lawsuit that the other party of the facts of the case statement

                                 July 12, 2005.

Admission is a party of the facts of the case that, rather than on the lawsuit request admitted, admission has become exempt from statutory causes the other party the burden of proof. However, the parties not admit state party at any stage of the facts of the case can be a confession. Is generally believed that the parties in the proceedings to the trial judge or a collegiate bench to concede that favor own facts can constitute admission. A party in litigation that the other party has advocated unfavorable to the facts of the case whether the admission, in accordance with the provisions of the Supreme People's court "several regulations about the civil action evidence" the provisions of article eighth, article sixty-seventh, a party in the litigation, including in the course of the proceedings in the trial judge, court mediation or the parties to the reconciliation of opposite party acknowledge that favor own facts, shall not constitute an admission, also cannot be exempted from burden of proof of the other party of its claim to be proved the establishment of responsibility. Of course, that is not so that a party in litigation against the other party facts do not have any legal effect. The author argues that a party in the litigation that State Party of the facts of the case, can be used as the judge according to the free heart certificate as evidence the facts of the case, other evidence the probative force by the judge with the case, consider the situation to measure. That is to say, that a party in litigation against the other party statement of the facts of the case, although not a confession, but still can be used as the evidence materials adopted are different, and decide whether to accept.

In practice the trial judge finds that the facts of the case have a misunderstanding, that is in the form of evidence statements of the parties do not know the place, ignored one of the statements of the parties is a statutory evidence, reflected in the focus only on the documentary evidence and material evidence examination, do not pay attention to review the statement of the facts of the case, even do not allow the parties to the the facts of the case statement in the trial process, roughly prevent parties from the statement of the case facts, rarely accepted parties of audio-visual materials. When a party that the other Party acknowledged facts in litigation, the other party once denied, some judges tend to the parties in the litigation facts that do not constitute a self perceived by, not to review whether the parties have the facts admit, not review the previous party denies reason acknowledge the facts of the case in the litigation, does not examine the parties in the proceedings of the case fact and the same point on the facts of the case statement in litigation and different, the consequences are missing on identification of the parties Chen Shuxiang in fact, identified according to the facts of the case is inevitable and objective truth has many discrepancies point, not close to the objective reality.

Summary trial experience, the author thinks that the parties in the litigation, the other party that statement of the facts of the case, should grasp the following three principles:

First, one of the parties in the litigation process although denied its recognition in the litigation of the facts of the case, but in the trial is part of the statement of the facts of the case, consistent with the other party in litigation of the facts of the case statement as part of the facts of the case, should be determined as.

Second, one of the parties in the lawsuit that though, it is really suit made to express the other party to the contract statement of facts, but also in the process of lawsuit has previously admitted to deny the facts of the case, and the other party to the statement of the facts of the case with other indirect evidence, should be confirm the statement in the litigation of the facts of the case.

To verify the statement third, the parties in the litigation to the dispute has the right to handle the authority of the facts of the case, a party in the proceedings though denied he has confessed to the facts of the case, but there is no evidence to the contrary to overthrow, should be identified previously confessed to the facts of the case. The request of the parties, mediation of civil disputes to the people's mediation committee before action, the people's mediation committee according to the statements of the parties that the facts of the case and the disputes of the parties to the mediation; public security police station or the administrative department for Industry and Commerce request processing of civil disputes, the couple made in the Civil Affairs Department of the divorce agreement to the marriage property and children etc. consensus statement, workers and employers for labor dispute arbitration committee to deal with labor disputes, the parties in the labor dispute arbitration committee hearing the statement of the case facts, the facts of the labor dispute arbitration committee according to the investigation of the Department, as long as the facts of the case that, on the one hand the statements of the parties is based on the fact that its true meaning, on the other hand, the relevant departments investigation procedure of the facts of the case is not illegal, such as the public security organs in the initial investigation procedure on whether the case can be used as a criminal case prosecuted and cannot be accurately predicted, and no torture to extract confessions and other illegal acts, according to the client's civil rights and obligations of the statements made interrogation record, it should be as evidence Adoption. The treatment in the Department of dispute process to the facts of the case and the statements made to the party or the statement of the facts of the case that, in the proceedings can be finalized as basis, is that the parties to the litigation of the facts of the case and the alternative dispute resolution mechanism investigation and collection of evidence, the facts of the case the court to verify the coordination between the. One of the ultimate goal is to find the facts of a case of litigation, the parties shall have the right to verify the statements made on the facts of the case handling organ in litigation outward disputes, although not a confession, but as long as the statements of the parties is conducive to ascertain the facts of the case, even if the parties in the litigation has admitted to deny the facts of the case, but it cannot be based on to provide evidence in support of its earlier admitted the facts of the case against its true meaning, it shall be deemed as the previously admitted the facts of the case. After all, the judge of the facts of the case to understand the degree but the parties, this form of evidence the judge should pay attention to the parties in the litigation on the statement of the case facts, especially in China in the exploration of the diversification of the dispute settlement mechanism, promote the comprehensive management of social security now, the judge shall confirm the fact finding disputes by the parties shall statements, don't simply dismiss the parties acknowledged in the litigation of the facts of the case.

                                                     Author: (Nanning City Intermediate People's courtJiang Xianzheng.