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

• Published in: Contemporary social sciences (Chengdu) Vol. 7; no. 3; pp. 95 - 107
• Main Authors: Ni, Zheng, Yang, Yang
• Format: Journal Article
• Language: English
• Published: Chengdu Sichuan Academy of Social Sciences 01.05.2022; Editorial Department of Contemporary Social Sciences
• Subjects: admission; Application; Burden of proof; Civil procedure; determination of evidence; discretion; evidence in civil procedures; Legal arguments; Litigation; Provisions; Supreme courts; China
• ISSN: 2096-0212
• DOI: 10.19873/j.cnki.2096-0212.2022.03.007

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.