Research On The Application Of The Predetermined Effect Of The Facts Of Environmental Public Interest Litigation

The fact that our country has already concluded the fact prejudgment clause means the provisions of Article 9,paragraph 1,paragraph 4 and paragraph 2,of the "Stipulations of the Supreme People's Court on Certain Instances of Civil Litigation Evidence." The thirtieth article and the Provisions of the Supreme People's Court on Certain Provisions of Civil Litigation Evidence are inconsistent.Compared with the general civil litigation,the civil public interest litigation of the environment has chosen the expansion model which is more conducive to the plaintiff's predetermination effectiveness,and further clarifies the main and objective scope of the pre decision effect.In judicial practice,the application of the court to the terms of predetermination is not limited to the validity of the effective referee's confirmation of the facts,but is often confused with the positive effect of the res judicata.The prejudgment of the former referee is different from the res judicata,and is different from the indirect prohibition rule and the argument effect theory.It is a special system in the Civil Procedure Law of our country,which is part of the system of verdict effectiveness.Compared with the predefined effect clause,the thirtieth article has made a step forward on this basis,clarifying the subjective and objective scope of the predetermination effectiveness of the environmental public interest litigation.However,the restrictive rules that should be followed in the application of pre decision force are not clear.In perfecting the system of predetermined validity of environmental public interest litigation in China,the thirtieth article of "the interpretation of the Supreme People's Court on the application of laws on civil public interest litigation cases in the environment" can be followed to limit the scope of the application of predetermined effectiveness.On the one hand,we should reasonably define the subjective and objective scope of the pre decisive effect,and on the other hand,we should clarify the specific limitations.In view of the different types of environmental public interest litigation combined with the conditions of restriction,the application of the predetermined effect to the post environmental litigation is specifically judged,and the specific application of the predetermined effectiveness of the actual environmental public interest litigation in the practice is standardized.