On Force Of Pre-determined Facts Of Civil Procedure

Some facts that established by the legally effective judgment or order of the people’scourt is called Decided facts in the civil appellate theory. It could be invoked to exempt theburden of proof by the litigants of subsequent civil proceeding. It comes to the question thathow pre-determined force of the facts described in prior judgment operate in the legal practice.It does not belong to the theory of the res judicata. It’s an evidence system which hasparticular value significance in the proof process. But legislation of our country currentlycould not effectively instruct the civil practice. The author hopes that by ways of researchingof the facts described in prior judgment the meaning and nature of the decided facts could beidentified. In addition, some serious theoretical problems and legislative defects can be solvedeffectively. The paper is grounded in the current situation of theoretical study and thelegislative framework of our civil procedural law and taking the fruits of scholars from abroadinto consideration. The author hopes to offer some referential experience for the improving ofour system.This article has four sections besides introduction and conclusion. Here is the paper’sabstract below:Chapter one, it is the outline of the decided facts of civil judgment. The author try toilluminate some essential academic questions such as the rich connotation and basic feature offacts described in prior judgment which aimed at determining the stand of the paper.Chapter two, this part involves the comparative research on decided facts. This partdemonstrates some foreign system’s lawmaking status and their academic achievement andhas a deep analysis on it after a comprehensive survey about our absorption from relatedsystem.Chapter three, it has pointed out the limitations in the rule of pro-decided facts on twomajor grounds which is the essential significance of this paper.Chapter four, this part put forward the suggestion for how improve the involved systemon the basis of the analysis above. Taking decided facts’ essence and our system’s deficiencyinto account, the author endeavor to complete the system construction of the pre-definitiveeffectiveness through drawing on the foreign experience.