Research On The Effective Rule Of Pre-determined Facts In Civil Judgment

I.Research purpose and contentResearch purposes: the application of the predetermination fact system in civil action is related to judicial efficiency and fairness.At present,the relevant legal provisions of the pre-determination fact system are very rough,and the judicial application is also faced with the confusion of different practices.This article analyzes the status quo of our country’s pre-determination facts’ effectiveness rules from the perspectives of the evolution of the system and the specific problems faced in judicial practice.Based on this,combined with relevant theories,the author try to construct a relatively complete system of pre-determination facts’ effectiveness rules,in order to solve the judicial practice in the confusion helpful.Research content: There are two main types of pre-determined fact:arbitration pre-determination facts and judgment pre-determination facts.Compared with the efficiency and convenience of the arbitration procedure,the litigation procedure is more rigorous and more suitable for the construction of fine and complete procedural rules.Taking judgment pre-determination facts as the starting point,the author combs the evolution of the legislative system of pre-determination facts of our country,reviews the progress of current regulations and existing problems;Then it further analyzes the application of the civil judgment pre-determination facts in judicial practice,analyzes the characteristics,the existing problems and causes in judicial practice,and finally synthesizes the analysis results of the evolution of the legislative system and the predicament in judicial practice,this paper attempts to systematically construct the pre-determination effective rules of the civil judgment pre-determination facts.II.Structure of argumentThe structure of this thesis is: firstly,define and clarify the basic concept of the prejudgment fact and the effect of the prejudgment;secondly,analyze the current situation of the effect rules of the prejudgment fact in our country;finally,combine the current situation analysis and related theories,an attempt is made to construct systematic predetermination rules of factual effect.The following is an overview of the structure of the sub-chapter paper.The first chapter is to comb the basic concept.Specifically speaking,the first is to clarify and define the basic concepts related to the pre-determined facts,including cases and co-cases,facts and basic facts,overturning and refuting,and the second is to outline the pre-determined facts and the nature of their effectiveness.The second chapter is the analysis of the status quo of the civil judgment pre-determined facts.First of all,through sorting out the evolution of the legislative system of pre-determination facts in China,analyzing the progress and deficiency of the current system,then through the search of the civil judgment of the judicial pre-judgment facts from 2010 to 2020 on the Chinese Judicial Document Network,this paper analyzes the characteristics,problems and causes of the application of the rules of pre-judgment facts in judicial practice.Based on the above analysis and related theories,the third chapter tries to systematize the predetermination effect rules of the predetermination facts of civil judgment in our country.III.Main conclusionsAs far as the status quo of the effect rules of the fact of predetermination in civil judgment in China is concerned,the progress of the current legal provisions lies in the following aspects: the provisions on the objective scope of the fact of predetermination are more refined,and the classification of the standard of proof by rebuttal is more appropriate and reasonable;However,the problem is that the rule of preliminary facts is still very rough and can not solve the confusion in practice.Through the empirical analysis,the author finds that the judicial application of the fact of prejudgment presents the following overall characteristics: 1.The system of the fact of prejudgment of judgment is widely applied.2.Legislation plays a leading role in the administration of justice.3.The higher the trial procedure is,the more obvious is the tendency of applying the predetermination fact system.The author believes that in order to prevent the excessive pursuit of trial efficiency,we should make clear the effect rules of the pre-determined fact system and hold the limit strictly.In addition,there are some problems at the level of specific rules applicable to pre-determined facts,including the improper extension of the objective scope of the pre-determined facts,different standards for determining the position of pre-determined facts in the preliminary lawsuit,unclear subject matter,lack of reasoning or examination in the determination process,the invalidation rule is unknown,and the exception rule is absent.The reason for this is that there are requirements for judicial uniformity and trial efficiency,the current legal regulations are generally vague,and the writing of judgment documents needs to be standardized.In order to regulate the application of the effect of preliminary facts in subsequent cases,it is necessary to strengthen legislation and build a complete rules system.According to the process of the civil procedure,the effect rules of the pre-determined facts can be divided into the validity rules,invalidity rules and exception rules in order.The validity rules,that is to say,the preconditions for the pre-determined facts to have the effect of exemption from evidence,are defined from four aspects: the objective scope,the subjective scope,the legal effect and the review rules.The objective scope includes the identification of the carrier and the content of the pre-determined facts and the determination of the confirmed facts which should not have the pre-determined effect;The restriction object specialization and the subject diversification of the pre-determination effect are made clear.In the aspect of legal effect,it is clear that the effect of predetermination lies between that of proof and that of RES judicata.Although both the effect of predetermination and the effect of proof are in the sense of evidence law,the effect of predetermination is more reliable than that of proof in fact,it’s more binding.As for the rules of review,the author thinks that the two stages of effectiveness review procedure should be established.The invalidation rule,that is to say,the proof rule and consequence of invalidation of pre-determined fact,is mainly constructed from three aspects:evidence source,proof standard and invalidation result.As to the source of evidence,we should enrich the object of proof and affirm that the parties can not only provide evidence to the contrary to the truth of the fact of predetermination,but also to the legitimacy of the confirmation process.As for the standard of proof,the standard of proof of “Refutation”and “Overturning”should be made clear.As for the consequences of invalidity,in order to avoid a contradictory judgment,the court should not simply find the contrary fact to be true in a later action,but should decide to suspend the action.The court should explain to the parties that the case should be retried,the basic facts relating to the pre-appeal shall be corrected before the proceedings are resumed.The exception rule specifies that the scope of cases in which the immunity from proof shall not have effect is: cases in which the party who does not bear the burden of proof in a subsequent action did not take part in the original action or participated in the original action,but the procedural rights were not guaranteed.At present,judicial interpretation is mainly used to make provisions for the pre-determined facts in Civil Judgment in our country,which has the danger of imprudence.Moreover,these current provisions are too general and vague to meet the needs of judicial practice,in order to regulate the application of the system of pre-determined facts in subsequent litigation,there was no doubt that rule-making should be refined in order to better promote efficiency and guarantee equity.