Civil Judgment Has Already Decided That The Fact That The Effectiveness Of Research

This thesis has initiated through a case to the force of the effective civil judgment's decided facts. On the basic of the concept discrimination of the decided facts, the reason of the judgment, the point of the issue facts and the decision text, we has located the decided facts in which the facts has already been affirmed by the effective judgment of the people's court. The concept of the decided facts is the lower position concept of the reason of the judgment, which means it is one part of the reason of the judgment. Through the inspection of the connected legislation, the theory and the practice in the territory outside, (emphatically introduced the "Rule of the Issue Preclusion" in US and the "Issue Force" in Japan), this thesis pointed out the contradiction and the flaw place of the present legislation in our country. Moreover, combined with the analysis of contradiction in the illustrative cases related to the force of the decided facts domestically, we should explain the decided facts from the angle of the objective scope of the adjudged force of effective judgment, but not from the facts which needn't to be proved or the judicial cognition. And then the law may endow the decided facts in civil judgment with the restrictive force which is different from the adjudged force of effective judgment. In the system arrangement of the force of the decided facts, we were definitely in making certain important document limit to it. Through the procedure operation which the litigants applied for, as well as the safeguard measure of the slight defect in both the entity and the procedure aspects, this thesis attempted to realize "win-win" between the referee's stability in the prior sue and the safeguard of the litigants' legitimate rights and interests in the latter sue, in order to filling the vacancy of legislation and the theory in this domain for our socialist law society's construction.