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Study On The Pre-determination Effect Of Criminal Judgments In Civil Litigation

Posted on:2020-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y X GengFull Text:PDF
GTID:2416330590493973Subject:Civil and commercial laws and regulations
Abstract/Summary:PDF Full Text Request
The rule of pre-determination effect is helpful to make up for the defect of the application of res judicata and promote the resolution of difficult problem in criminal and civil cross-cutting cases.At present,the study of pre-determination effectiveness in China is mostly concentrated in the field of civil litigation.Academic researchs on the pre-determination effect of criminal judgments in civil litigation is not sufficient.And scholars have not formed a general opinion on the concept,legal basis and scope of application of the pre-determination effect.By defining the basic category and legal basis of the pre-determination effect,this paper combs the present situation of legislation and judicial application,and analyzes the reasons of legislative defects and judicial application alienation based on the national conditions.The pre-determination effect is the independent judgment effect related to the res judicata.In order to make effective use of the facts already confirmed in the criminal judgment,this paper tries to reconstruct the applicable rules of the pre-determination effect on the basis of analyzing the present situation of judicial application in recent years and drawing lessons from domestic and foreign legislationin.Firstly,determining the applicable principle of the pre-determination effect of criminal judgments in civil litigation;Secondly,the facts confirmed in the criminal judgment are hierarchically divided,and the factual validity in the judgment conclusion and the judgment reason is different.;Thirdly,in order to safeguard the litigant rights of the parties,the subjective scope of the validity of the judgment is extended to outsiders in criminal cases,and corresponding procedural safeguards should be adopted;Finally,based on the consideration of the difference between the criminal and the civil case,the exception rules applicable in the civil action of the criminal pre-determination effect should be constructed.
Keywords/Search Tags:Criminal Judgement, Civil Litigation, Pre-determination Effect, Validity of Judgements
PDF Full Text Request
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