On The Civil Judgment Decided Facts Pre Effect

Determined the fact, it is to point to the fact that have been confirmed by a people’s court to take effect.Determined that the effectiveness of belongs to the category of the ruling validity, and give apre-determined effectiveness should be determined facts from all aspects of the respect and maintenance."Determined facts" in the present civil procedure law "did not make clear stipulation, only in the relevantjudicial interpretations to determined the facts to make the rules, the regulation principle and abstract, it isdifficult to guide the judicial practice and provide sample for theoretical study. In academic circles, scholarsbased on the theory of res judicata theory, evidence, and the theory of judicial notice from the res judicata,the issue preclusion validity, middle judgment, judicial cognition,"document" that of high Angle formedthe different theoretical framework, the theory is hardly processing in our country are definitely the bestroute to the fact the problem; In judicial practice, judges based on different legal thinking and logic, to havedifferent attributes of facts orientation, effectiveness and relief measures, which have not form a unifiedway of treatment. The system differences in theory and judicial practice on the processing method ofdisunity, obviously not conducive to solve the problem and maintain the litigation dispute resolutionmechanism. Based on the traditional legal system in our country and the existing statutory regulation, thisarticle advocates to determined the properties of the facts to make clear provision, scope, efficacy, andperfect the relevant supporting measures, forming a conform to the judicial practice in our country’s judicialpath, made up the facts of the value and function.that belong to the part of the ruling validity, this should be brought to the attention of the variousaspects. However, in the academic scholars based on different theoretical basis for the fact to find adifferent solution strategies, theory research divisions is difficult to determined fact system at the samelevel were discussed; The principle of judicial interpretation and abstract, gives the impression of being ourcountry did not establish a real determined facts system; In judicial practice, the judge based on differentlegal thinking, to solve determined the fact there are no uniform way to deal with.The second part from the civil judgment determined the fact that a pre-determined effective systempresent situation, from the existing theoretical research and judicial interpretation, the judicial practice to examine. Legislative principle and abstract, it is very difficult to determined the fact system applicable toprovide operational legislation; In practice, the judge based on different legal logic and thinking, handlingof determined the fact there is no unified legal interpretation is used. In academic circles, the scholars,based on the perspective of different theoretical framework for determined the fact system, there aredifferences. Determined that is derived from the ruling validity, this should be all aspects of the respect andmaintenance, but the divided in theory and judicial practice on the present situation of the processingmethod is not unified, obviously not conducive to solve the problem and maintain the litigation disputeresolution mechanism.The third part is the study determined the fact system the necessity and feasibility analysis, first of all,based on the method of litigation efficiency, stability, litigation dispute resolution mechanism, functionsand powers doctrine lawsuit mode of the analysis of the correction, improve the system of civil judgment inour country has definitely fact is necessary; Then, based on the results of the procedure safeguard and theself liability and predetermination effect of relativity, the pursuit of real law, the punishment principle oflitigation value idea, the system of the civil judgment determined the fact that Chinese construction isfeasible.The fourth part is the existing system to solve the problem of determined facts effect theory tocompare and analyze, respectively from the theory of issue preclusion validity, the issue of exclusion rule,middle system, judicial notice,"document" higher probative value existing in the study method of dealingwith determined facts standpoints, draw the scope of these system, effectiveness and legislative intention isnot to made up with one of the essential characteristics of fact system, if applicable to the systems ofdetermined the fact there are obstacles.The fifth part is based on the above analysis, the author tries to put forward determined facts systemperfect Suggestions to our country. First of all, from the civil judgment has the effect of thepredetermination of facts as jurisprudential analysis, defines the civil judgment in our country has definitelyfacts and predetermination effect for the specific scope of the nature and properties, according to thestructure style of judgment, that appear in the judgment reason, determined the fact objective scope shall bedefined for the ruling part reason, to distinguish it from the objective scope of res judicata. To analyze theeffectiveness of the determined facts, claiming the predetermination determined facts with relative effectiveness, when after v. there is contrary evidence, again to allow the parties dispute, the court may,once again recognized; Secondly, based on the existing judicial interpretation provisions, from thelegislative level to the system, a clearly defined scope, efficacy, for judicial practice to provide operationalguidelines; Finally, in the existing legislation system, perfecting the provisions of the determined factssupporting measures, improve the professional level and ability to judge, normative legal document writing,strengthen the judge’s interpretation of the Ming obligations determined facts system provide personnel andtechnology guarantee.