The Effectiveness Of Adjudged Facts

The controversy that about adjudged facts is quite difficult and hot. The problem is belong to thequestion tha what the power of Sentence is. It had been disscusioned and we had some matters that wasagreed by us all, but there is also some foundation problem that we have not solved by now. In practice,due to the defects of our legislation has already decided the facts on the effectiveness of the system, whilegenerating a lack of effectiveness has already decided the facts and has already decided the fact that theeffectiveness of abuse.This article is divided into three parts except the introduction and conclusion.In the first part,it is described and analyzed that the question the status quo. First, the concept ofacademic have the effect of pre-decided facts,"has confirmed the fact that pre-decision power" differentversions clarify these concepts,"has already decided the effectiveness of the facts" can be more accuratelyexpression of such a problem; Second, the effectiveness of the decision the fact that in theory belongs to thejudgment of the effectiveness of the scope of, and should refer to the perspective of res judicata explore;again, the academic there are different points of view on whether to give the corresponding effectivenesshas already decided the facts: advocate given has decision the fact that absolute pre-decision power andadvocated limited pre-decided facts must effect the voice are very high. Given regardless of itseffectiveness or limit its effectiveness, has its own intrinsic value pursuit, also have correspondingdisadvantages; Finally, the judicial practice, due to defects in China’s legislation on the effectiveness of thesystem has already decided the facts at the same time produced has decided lack of effectiveness of thefacts and summary of the facts, the effectiveness of abuse, so that the discussion of the significance of thisissue even more prominent.In the second part, starting from the relevant theory and system, and to examine the effectiveness ofthe facts has decided how to solve. Address has already decided the fact question of validity, by referenceto the point of contention efficiency point of contention exclusionary rule, and the use of intermediatejudgments. Interlocutory judgment can make this part of the res judicata of the facts included in the scope of res judicata of the objective, which has a pre-decision effectiveness. But, this is due to the constraints ofthe parties and the court itself may be a good use. Efficiency point of contention was developed in Japanfor a very long time, more complete theoretical system, but the fact that segments, thus giving it theeffectiveness of its application by the exclusion of judicial practice in Japan, may also produce acclimatizedin China phenomenon. The point of contention exclusionary rule adapted to the Anglo-American case lawsystem, China has confirmed the fact that the validity of part of the reference, but to transplant this systemfails to meet the judicial status quo, to solve this problem should also consider their own specific nationalconditions.In the third part,to make some recommendations based on our current situation in of the former textdiscussion. First of all, maintain and limit has confirmed the facts free card effect, establish the judgment ofthe effectiveness of the system that the res judicata theory, the verdict Zhuwen the facts given topre-decision power, while others deny its pre-decision effectiveness. Secondly, the introduction anddevelopment of the interlocutory judgment system to supplement the fact that the judgment of reason hasdecided to effect the problem of insufficient. This practice is off this stage to resolve the fact that hasalready decided should be how the effectiveness of a more appropriate approach is consistent with ourcurrent judicial situation, also in line with the characteristics of a civil action. In addition, to furtherimprove the decision the fact that the validity of personal advice, you should consider a civil actioninvolved in the dispute has a strong autonomy characteristics, and also should pay attention to the views ofjudicial practice, the judge has already decided the facts effectiveness, so norms and institutions in line withthe purpose of civil litigation and the existing social conditions.