The Effectiveness Of The Civil Verdict

The theory of the res judicata is the problem that gets much attention in the civil procedure law field, especially on the objective scope of the res judicata. There is a great deal of disputation in scholars and judicatories. After the middle of the 1990s, scholars and judicatories in China attach more importance to the issue of objective scope of the res judicata. However, further research is needed on this issue, this article analyze the theory on the objective scope of res judicata and correlative issues from the angle of theory and practice so as to attain some viable scheme.Judgment and reason are very important in civil court decision.The reason is always considered as the spirit of the judgement.In fact,the reason is the foundation and support of the ZhuWen part, is the intermediary and Bridges of the case facts and judicial decision conclusion.In theory There is universally debates in major subject of the validity of the problem of reasons.Judgment reason has the issue preclusion validity of res judicata, evidence, such as effectiveness form. Continental law system country consensus that the judgment of res judicata is limited to ZhuWen part, and the reasons are not applicate to res judicata While countries of Anglo-American law system, in addition to admit this no dispute the validity of the ruling ZhuWen outside, still admitted in court judgment with reasons to issue or facts judgment has certain binding. Although China has more research on this problem, there has not been arising for comprehensive system of res judicata to interpretation of the theoretical system. This leads to our country civil judgment with reasons in ascertaining the facts, ZhengZhiDian arbitrary choices too big, and apply the law when lacking pertinence and demonstrative. The validity of the scope of res judicata theory is an existing controversial theory, to introduce civil judgment with reasons the validity of the problems, the writer from civil court decision, this paper introduces the theory of civil court decision effectiveness of basic theory and reason of continental law system of res judicata theory range of determination. Through to the exile on this subject, legislation and theoretical explanation, introduces emphatically the American "issue rule" and Japan's "issue preclusion validity" theory, the comparison and reference basis, the authors put forward to find suitable for China's national conditions of solving the judge whether have judgment with reasons of res judicata an institutional arrangements, achieve the stability and fairness seek a balance. Analyze and solve this question in our country at present research appears in the lack of corresponding theory and regulation of contradiction mess, establishment conforms to the situation of China civil judgment of res judicata system.This paper will be divided into four parts to explore civil judgments reason effect problem. In the first, special attention is given to the structure of the argument of civil litigation, through analyze the reason of litigation and the structure, character and function of the count verdict. Second, consideration is given to the two different theories about the function of the reason of civil litigation that is in order to comprehend the importance of the reason of civil litigation. The thrid part from the Angle of comparison analysis method of Germany and Japan, continental law system of res judicata validity research and the United States on the theory holds that, then on the basis of comparative analysis, the author analyzes the reasons of the civil litigation ruling validity and the existing legislation present situation, and proposed defects by China to establish civil lawsuit system of judgment with reasons effect Suggestions and ideas to solve judgments reason effect problem.