The Pre-determination Effect Of Criminal Judgment Fact To Hearing Civil Cases

The facts that have been confirmed by the courts that are legally effective in the courts are generally referred to as predecision facts in the civil litigation theory.The existing laws already provide: The facts that have been confirmed by the people’s court in a legally effective jurisdiction,the parties do not need to prove that the evidence,unless the parties have the contrary evidence to overturn.As a result,the facts of the ex-prosecution case are given pre-determination.However,the provisions are relatively simple,the description is not specific,did not take special circumstances into account.When the current case involves a criminal case and a civil case respectively,and when the facts of the case are closely related,it cannot be resolved by relying solely on the provisions in the legal provisions of the civil lawsuit.Denying pre-determination effects may result in the waste of repeated trials and litigation resources.If it is fully approved,it means ignoring the differences between criminal trials and civil trials and infringing the independence and professionalism of civil trials.Therefore,the question of the pre-determinacy of criminal judgment facts in the trial of civil cases needs to be based on a clear definition of pre-determinacy,to find out the differences and particularities between the criminals’ lawsuits,and to define the boundary for the application of pre-determination effectiveness,after that,it will not only guarantee the efficiency and stability of lawsuits,but also guarantee the independence and professionalism of civil trials.In addition to the introduction and conclusion,this article is divided into four parts.In the first part,we clarify the concept of predetermination and define its nature.We clarify the relationship between the predetermination effect and the res judicata,and distinguish it from the concept of similarity—judicial cognition,and then use the standpoint of independent validity to derive its manifestation.The second part,based on the facts of the case,analyzes the legitimacy and necessity of the application of pre-trial decisiveness of criminal cases in civil trials,and establishes the existence or consistency of the facts before and after the complaint is the prerequisite for the application of pre-determination effects.Establishing the sameness or intrinsic connection between the facts is the precondition and justification for the application of the pre-determination effect.The third part,analyze the differences and specialities between criminal lawsuits and civil lawsuits,both the rules of evidence and the substantive rules of civil law will cause civil trials to be different from criminal trials.Therefore,it is necessary to apply the special treatment of criminal prejudgment in civil litigation.The forth part,to put forward some specific rules that limit the application of the prejudgment of criminal judgments in civil trials from the perspectives of facts,time,and subjects of constraint,and draw on the solution paths of other countries to build relevant systems in China.