| In 2001, China established a civil admission system modelled on the similar institution in the common law system. However, the establishment of this system was not a link in the transition of the litigation system towards the adversary system, but a means to enhance litigation efficiency and simplify adjudication for the court. From the perspective of litigation and judicial practice, this system is a non-binding system, characterized by generalization of application objects, broadening of the scope of application, and unilateralization of the binding force. This system not only fails to realize its function of enhancing dispute resolution, but also leads to the tendency of the parties to entirely deny the opposite party's statements and the suppression the active debate. The issue contraction function of the admission system is also damaged. From the perspective of the convenience of transplantation and the similarity of legal systems, the admission system may be improved only by referring to the experience of the civil law system and basing on the principle of debate. Under the new two-phased adjudication model, which takes issue clarification as the center, the admission should be limited to the issue clarification procedures and concerned with material facts and important collateral facts. It should also emphasize the parties' will of eliminating issues, so as to guranteen the parties' right of free argument and active debate. |
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