Research On The Influence Of The Decided Facts Of Criminal Judgments On The Factual Determination Of Consumer Civil Public Interest Litigation Cases

At present,the research on the validity of the adjudicated facts is mainly concentrated in the field of civil litigation,and scholars have different views on the theoretical basis and scope of application of the validity of the adjudicated facts,not to mention the cross-field research on the determination of facts in criminal-civil intersection cases.In the field of civil litigation,scholars have not formed a mainstream view on the theoretical basis and scope of application of res judicata,not to mention the cross-field study on the determination of facts in civil-criminal cases.Against the background of the lack of theoretical research and the urgent need of judicial practice,the issue of the validity of the criminal judgments on the subsequent consumer civil public interest litigation cases deserves attention.In this paper,we analyze the differences in the determination of facts in similar cases,study the theoretical basis and scope of application of the adjudicated facts of criminal judgments,and propose our own countermeasures in light of the problems revealed in judicial practice.In this paper,we believe that it is more appropriate to base the rules on the validity of criminal verdicts on the theory of proof,and its pre-determination effect on the subsequent consumer civil public interest litigation is a kind of evidence-free effect,and in view of the current situation of the expansion of the validity of criminal verdicts,the rough legislation and the inconsistent judicial application,we suggest further clarifying the "parallel criminal and civil" principle.In order to further clarify the principle of "parallel criminal and civil" trial,strengthen the doctrinal evidence of the adjudication documents,and clarify the definite and necessary facts in the criminal judgments in order to have binding effect on the subsequent civil consumer public interest litigation.