The grounds for civil judgments are the necessary arguments and interpretations made by judges on the legitimacy of the judgment results.Regarding the effect of civil judgment reasons,it mainly includes two aspects: whether and what kind of effect the civil judgment reasons have.Among them,there is controversy in China’s theoretical circles on the invalidity of civil judgment reasons,and scholars who support the validity also hold different views on the type of effect,as a general theory,the theory of predetermined effect.However,because China’s theoretical circles have not reached a unified conclusion on the existence and abolition,attributes and theoretical basis of the pre-determination effect,the pre-determination effect stipulated in China’s law cannot find a suitable position,which has led to problems such as inconsistent determination of the validity of civil judgment reasons in judicial practice.Therefore,it is necessary to improve the validity of pre-determination and systematically study the effect of civil judgment grounds.In addition to the introduction and conclusion,this article consists of four parts.On the basis of analyzing the constituent elements and functions of civil judgment reasons,the first part introduces the theoretical controversy over the invalidity of civil judgment reasons,and scholars who hold negative theories claim that civil judgment reasons are not effective on the premise of pursuing the three procedural values of avoiding contradictory judgments,improving litigation efficiency and respecting the parties’ right to disposition,while scholars with positive views claim that civil judgment reasons are effective based on the two procedural values of avoiding contradictory judgments and saving judicial resources.By analyzing the focus of the dispute,this part demonstrates the necessity of giving civil judgment grounds effect from the perspectives of fully realizing the purpose of litigation and improving the system of the validity of judgments in China.The second part uses the method of comparative research to explore the theoretical basis of the cause effect of civil judgments in civil law countries and common law countries,and starts from the theoretical disputes in China,supports the theory of pre-determination effect as the theoretical basis for the cause effect of civil judgments in China,and redefines its connotation,attributes and theoretical basis,positions it as relative effect,and takes notarial evidence as its theoretical basis.The third part examines and examines the effectiveness of China’s civil judgment grounds from the two dimensions of legislation and judicial practice.First,the legal provisions on the validity of pre-judgments are examined to find the imperfections of their provisions,and then cases in judicial practice are used to reflect the irregular application of pre-judgment facts and pre-judgment effects,and the inconsistency of different judges’ determination of the reasons and effects of civil judgments.The fourth part puts forward suggestions for improving legislation and systems in view of the existing problems in China.At the legislative level,it is clearly stipulated that the objective scope of the pre-judgment effect is the main factual and evidentiary judgment in the reasons for the civil judgment,and the subjective scope is the party to the previous appeal,and the outsider is also allowed to apply it defensively.At the institutional level,civil judgments are given effect according to the nature of each element of the reasons for civil judgments,specifically,the judgment of the main facts and evidence in the judgment of facts determines the pre-determination effect,while the indirect facts and auxiliary facts do not take effect;In the judgment on the application of law,the judgment of the prior legal relationship will only have res judicata when an action for interlocutory confirmation is filed,and other judgments shall not be effective.It is worth noting that the defence of set-off should be given res judicata effect on its own particularity. |