Perfection of the System of Party Inquiry in China

Perfection of the System of Party Inquiry in China

The value of the parties' statements as independent evidence has not been fully utilized because China has not strictly distinguished the parties' statements in the sense of evidence for a long time, and the parties' inquiry system, which serves as the procedural scene for the parties' statements, lacks the rules and restrictions of procedural law, which not favors legislation to strip the parties' statements in the sense of evidence but also the judge's centered decision-making. The system of party inquiry in China has effectively been established by the Supreme People's Court's judicial interpretation, but due to the insufficient rules, there are still numerous issues that need to be resolved. At present, there are still some problems in China's party inquiry system, including unclear starting conditions, unique starting subject and weak probative force of party statements. In order to further discussing the improvement of party inquiry system, this article begins by defining the starting conditions of party inquiry, expanding the starting subject of party inquiry, and clarifying the probative force of party statements.