Pro-decided facts are facts that are confirmed by the effective judgment made by the court. There is no provision on pro-decided facts in the civil procedure law in our country, but the relevant judicial interpretations of the civil procedure law acknowledge the existence of pro-decided facts. The general theory of the continental legal system countries holds that only the pro-decided facts in the main text of the judgment can create the pro-decided effect. Pro-decided facts in grounds of decision cannot create the pro-decided effect. However, the author supposes that it should authorize the pro-decided effect to the facts in grounds of decision. Because the general theory of the continental legal system countries overemphasizes the subjectivity of the parties, namely the task of the single case, and they do not acknowledge the Res Judicata or the similar binding force of the judgment in grounds of decision, which leads to reduce the civil procedure function of the judgment that aims at settling disputes between the parties.Furthermore, if the litigation only settles the certain dispute between the parties not the disputes between the parties, it may happen to exist the contradictive decisions when there happens to be a series of litigations in the future, which is contrary to the basic principles as honest and credibility, efficiency of the litigation and the procedural justice. Therefore, in order to solve the abovementioned problems, the author supposes it necessary to authorize the certain pro-decided effect to the pro-decided facts when they meet the certain conditions. The author tries to discuss pro-decided facts and their effects in the thesis from the following perspectives:The thesis takes the case in which the pro-decided effect is the major problem in the judicial practice as the opening words, which leads to the relevant problems of the pro-decided effect that will be discussed in this thesis.The first chapter is to discuss the outline of the pro-decided facts. This part principally discusses the definition and the connotation of pro-decided facts. It can be concluded from the legislative provisions of pro-decided facts and the comparison with the other relevant concepts that pro-decided facts are the independent concept different from issues, object of the judicial notice, main text of the judgment or grounds of decision. Pro-decided facts are main facts on the substantive laws in grounds of decision made via the common procedures.The second chapter is to discuss the effects of pro-decided facts. This part principally discuses the specific problems of the effects of pro-decided facts. The author elaborates the general theory of pro-decided facts in the continental legal system countries and their malpractices, introduces the main theories concerning the effects of pro-decided facts which include the theory of Res Judicata Spreading, the theory of the effect of issues and the theory of issue preclusion. The author particularly analyzes the range of action of the effects of pro-decided facts of our country after learning the mature theories of the foreign countries and combining the specific situation of pro-decided facts of our country.The third chapter is to discuss the current situation of the effects of pro-decided facts and the improvement methods. This part principally discusses the problems of the provisions in the judicial interpretations of our country concerning the effects of pro-decided facts. After discussing the problems, the author puts forwards to improve the system of effects of pro-decided facts from the perspectives of legislative improvement, procedure preservation and improvement of the professional qualities of the judges etc..
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