Research On Issues Of Pro-decided Facts

With the development of market economy in our country, the conflicts of interest between the people become increasingly critical. The study of pro-decided issues has a crucial role on enhancing litigation efficiency, saving judicial resources and realizing justified and fast solving of cases. The related problems of pro-decided issues have not been laid down in our legislation. Although in some relevant judicial explanation, it has been mentioned, yet it’s rather sketchy. Scholars have different opinions on this issue, and in the judicial practice the use of pro-decided issues and its efficacy also has no j standard, which makes the problem in China is still in a state of disorder. Compared with the perfection of the theory of judgment and the issue preclusion, China’s pro-decided issues still have to be improved. Therefore, strengthening further research of the effect of pro-decided issues has a great theoretical and practical significance in solving related problems about pro-decided issues and improving the system of China’s pro-decided issues.This article is divided into four parts:The first part defines the concept of pro-decided issues. Whether in judicial practice or in legal theory, pro-decided issue is not a general concept. Thus it must be clearly defined, so the specific properties in China and the related concepts can be studied. Therefore we will have a clearer understanding of pro-decided issue.The second part mainly makes comparison about the systems of pro-decided issues, especially between the China main land and Britain as well as America, thus makes further clarification of the application of pro-decided issue in judicial practice in China.The third part analyses the deficiencies the pro-decided issues in the field of civil procedure. The thesis focuses on the deficiencies of two aspects:legislative slip and problems in judicial practice.The fourth part discusses improvement methods by analysing deficiencies of the pro-decided issues. This part puts forward some counter moves to consummate two aspects of deficiencies, which makes the pro-decided issues and its effect have a unified standard in the judicial practice. Furthermore, it should enhance the initiative of the judges and improve the professional qualities of the judges, which helps the judges can better use the related provisions of the pro-decided issues to handle the case.