The Research On The Evidential Effect Of Judgment

Judgment can be considered as the final carrier form of judicial justice,it can declare the verdict and prove the truth.At the moment,there is no system in China's legislation on civil evidence judgment effectiveness of general provisions.However,Various notions are proposed in theory community on the matter of evidential effect of judgment.Due to lack of a clear legal basis,the emergence of the embarrassing situation that different judgements on the same case is commonly seen,as repeated trials in judiciary Therefore,the research on the effectiveness of evidence is of both theoretical and practical significance.The validity of evidence includes the formal probative force and substantive probative force,while the former is the prerequisite of the latter.Taking the authority and seriousness of judgment into account,there is no doubt that we should accept that judgment has formal probative force.The judgment of substantive probative force should be based on the judge's discretional evidence rather than legal regulations.In view of difference on proof criterion,involved parties,and retrial procedure existing among the civil litigation,the criminal litigation and the administrative litigation,it is unwise to judge basing on the prior judgment.But in case of no special provisions,formal probative force should also be acknowledged.When the court decides whether the first judgment can be accepted,it should still be based on the specific relationship between the content contained in it and the facts to be proved,under discretional evidence.Because the present legislation of civil action in our country is lax in regulating the effectiveness of the judgment,it often leads to the confusion of form probative evidence and substantive probative force in judicial practice.Hereby I suggest that the relevant provisions of civil legislation in our country can learn from the provisions of the civil law system and give effective judgment formal probative force instead of exemption fact.Furthermore,the parties should be empowered to overthrow the presumption.