Analysis On Pre-determination Effect Of Criminal Judgments Facts Confirmed In Civil Litigation

Although the relevant laws of civil litigation provide for the facts confirmed by the effective court decision to be exempted,but the relevant provisions are vague and broad,in the expression of incoherent.On the one hand,the rules on how to apply no specific refinement,on the other hand,did not take into account before and after the two suits belong to different departments of law when how to deal with,such as first criminal and then civil cross-case such a complex situation.So the current civil procedure law in the simple provisions are completely unable to guide the criminal verdict has been decided facts in civil litigation to play a pre-determined role.In cases involving both criminal and civil judgments,a complete denial of the prejudgment effect of criminal judgments may have an impact on the stability and authority of criminal judgments,and may also lead to the same matter being heard multiple times,resulting in a waste of litigation resources.However,if the prejudgment effect of criminal judgments is recognized without distinction,it may result in the over-expansion of the effect of criminal judgments,which may affect civil adjudication.Therefore,in order to solve the problem of the application of prejudgment in criminal and civil cases,it is necessary to find out the commonality between criminal and civil litigation and the uniqueness of their respective applications,according to the different types of criminal judgments to delineate the objective scope of application of prejudgment,not only to ensure the maximum use of criminal judgments have been decided facts,but also to ensure that civil trials are not unduly interfered with by criminal judgments.The determination of the object of application of the pre-determination effect should also guarantee the procedural rights of the parties while properly protecting the rights and interests of the outsiders.The main body of this article is divided into four chapters.The first chapter deals with the current situation and problems in the application of the pre-determined factual effects of criminal judgments.Firstly,the relevant legal history is sorted out and the current legal provisions are interpreted in terms of semantics and context,and then the current situation of serious expansion of the pre-determined effect of criminal judgments,inconsistent interpretation in judicial application and confusion in adjudication reasoning is briefly analysed through the search and statistics of cases.Secondly,the issues of the nature,scope of the object and scope of the subject of the preclusive effect of a criminal verdict are summarised in the light of the current judicial situation,namely,the distinction between preclusive effect and res judicata,the special considerations in determining the preclusive effect of a verdict of acquittal for lack of evidence,and whether the preclusive effect can bind or benefit an outsider.The second chapter,which deals with the jurisprudential basis of the preclusive effect of res judicata,first traces the meaning and origin of the concept of preclusive effect of res judicata,and then analyses its relationship with res judicata,clarifying the inconsistent practice of various countries.The scope of application is extended.The third chapter deals with the scope of application of res judicata in civil proceedings,i.e.the object of the effect of res judicata.The first chapter analyses the different types of res judicata in terms of guilt,innocence and suspicion,and uses this as a lens to examine the extraterritorial experience in terms of the different types of judgments.The two legal systems treat the validity of guilty verdicts in the same way,affirming their value in relation to civil cases,but in the case of acquittals,the common law countries use the different standards of proof in civil and criminal matters as an entry point for exploring the validity of both preceding and following proceedings,while the civil law systems use the preservation of legal authority as an entry point,so we can also use guilty,acquittal and doubtful verdicts as a starting point for discussion,and thus for a detailed discussion of The final conclusion is a hierarchical approach to the determination of pre-determination,which is intended to be of some benefit to judicial practice from the perspective of legal interpretation.The fourth chapter deals with the application of the preclusive effect of a criminal judgement in civil proceedings,i.e.the question of the subject of the preclusive effect.This chapter analyses the inadequacy of the current law in safeguarding the rights of outsiders from two perspectives,and distinguishes three situations in which the application of the pre-determination effect is discussed separately.The first situation is where the parties to the civil proceedings are the former criminal victim and the criminal defendant.At this point,the victim,as a party to the criminal proceedings,is bound by the pre-determination effect of the previous lawsuit as a matter of course and reasonably.The second situation is the civil litigation parties are outsiders and criminal defendants,you can refer to the United States of America’s principle of non-interactivity to solve the application of the pre-determination effect of the problem.In the third case,where both parties are outsiders,one party may submit the criminal judgment as evidence in favour of its own claim,and the other party,if it wishes to overturn it,can satisfy the high standard of proof of conclusiveness.