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The Predetermination Effecte Of Determinated Facts In Civil Procedure

Posted on:2022-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:S Y MaFull Text:PDF
GTID:2506306737998049Subject:legal
Abstract/Summary:PDF Full Text Request
Modern theories and practitioners generally believe that facts established by known courts and confirmed by decisions that have come into force can be accepted by the parties.This is the result of a willful assassination attempt on these facts.The liquidation rules are directly related to the essential rights and interests of the parties,and the relevant systemic functions are also reflected in the effective execution of the case and the rational allocation of judicial resources.From a legislative point of view,however,the legal provisions of the selection rules are still free and only relate to the imposition of a penalty,and are of a low level.Since the reasons behind the system are unknown,scientists have different opinions,but the legislature did not give a clear answer.The imperfection of this provision confuses the application of legal practice and raises various questions of identification.In order to examine the legal origins of this system,we must return to the relevant theories to examine this case.We need to analyze the current state and problems of the system application by examining the relevant systems outside the territory.Improve the implementation of the guidelines set out in the system and ensure the rule of law in the procedures.Development is important.The research of this article starts from the basic concept of the validity of confirmed facts,introduces the relevant theories of the validity of facts ascertained,and introduces you to the latest situation of the legal effect system currently confirmed in our country.And encourage the existence of deficiencies in the existing system and improve relevant opinions to encourage the validity of the facts that our country has ascertained.The structure of this article is usually divided into four chapters,except for the introduction and conclusion of this article.In Chapter 2,we begin to discuss the importance of the facts ascertained and the predicted effects,examine the concept of the predicted effects of man-made events,divide the facts ascertained,and determine the nature of the predicted effects.Its nature determines the nature of the system.Chapter 3 examines the relevant basic theories that can predict the validity of a certain fact.Validity produced by comparing past decisions with different theories.Chapter 4 analyzes and discusses the current system status of determining the efficacy of certain facts in our country,especially the status of legislators and judicial officials.The legislative status mainly reflects the development of legislation and changes in its effectiveness.Create a rule and analyze the reasons for its evolution and change.However,some legal systems use cases verified by the judicial system as samples to determine and summarize the legal status.Next is an overview of the current related problems and analysis of the causes.The following is an overview of current problems and an analysis of their causes.In Chapter 5,the author would like to summarize the effectiveness of achieving the intended results in Japan and suggest improvements.Limit the scope of previous judgments-formulate standards that apply to previous judgments and develop methods for determining the level of expertise of previous judgments and standards for Japanese judges.For these suggestions and requirements.
Keywords/Search Tags:Civil litigation, Settled facts, Pre-determination, Res judicata
PDF Full Text Request
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