Research On The Prejudgment Effect Of The Decided Facts In Chinese Civil Judgments

In judicial practice,there are many disputes about the effect of the facts identified in the reasons of civil judgment on the subsequent litigation.The effect of predetermination refers to the binding force on the determination of the facts of the subsequent action.Article 93 of Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the Interpretation of the Civil Procedure Law)points that party need not provide evidence to prove the facts confirmed by effective rulings issued by people’s courts,and the facts mentioned shall be excluded if the party has contrary evidence which suffices to overturn.In practice,it is sometimes necessary to confirm the validity of the facts identified in the reasons of the pre-litigation judgment,and then make the post litigation judgment.Although China has made some provisions on the prejudgment effect of the decided facts that the civil judgment has been decided,it has not formed institutionalized provisions.The unclear theoretical basis and undefined application elements of predetermination effect are the main causes of the obstacles and problems in the application of predetermination effect which are frequently exposed in judicial practice.There is a constant debate in the academic circles on whether the decided facts should be given predetermination effect,and on the ways to improve the predetermination effect system,and it is currently undecided.This paper puts forward some ideas on the construction of China’s prejudgment effectiveness system,and tries to clarify its theoretical basis,scope of application,applicable elements and system guarantee,according to the clarified theoretical basis,the relevant foreign experience and China’s specific judicial practice.This paper consists of five chapters.The first part first defines the background and significance of this topic,combs the relevant researches at home and abroad,and shows that the unclear theoretical basis,diversified theoretical interpretation and non-uniform trial application are mainly analyzed in this paper.The second part,starting from the meaning of the preliminary effect of the decided fact in the civil judgment,discusses the theoretical basis and nature positioning of the preliminary effect on the basis of determining the basic concept,and discusses the value of giving the preliminary effect to the decided fact,which is mainly reflected in the implementation of the principle of good faith,the improvement of litigation efficiency,the improvement of procedural guarantee and the call for the stability of law.The third part sorts out the main reasons for the non-perfection of the legal provisions in the current judicial practice,and summarizes the main problems in the current judicial practice.The fourth part combs the theoretical and practical samples related to the preliminary effectiveness,such as the dispute exclusion rule,the dispute effectiveness theory,the participation effectiveness theory and the judicial cognition theory,so as to find out what can be used for reference for the construction of China’s preliminary effectiveness system,so as to provide reference for the final construction of China’s preliminary effectiveness system.The final part,from the perspective of the nature,scope of application,applicable elements and system guarantee of the preliminary effect,attempts to improve the preliminary effect system of our country.