On Force Of Pre-decided Issues Of Judgement Reasons

The judgement running and judgement reason was confirmed by the court are called pro-decided issues, but in Continental Law System the judgement in the text to the claims of confirmed items have no effect predetermination, Because it belongs to the objective scope of res judicata, so strictly from the Continental Law System ’s point of view, this paper will focus on the effectiveness of the reason is made up of items in the judgment. Even though the problem by many scholars has carried on the discussion and analysis, but our current legislation that effectiveness of pro-decided issues that cannot provide good practical guidance for the judicial practice, so the author access to a large number of literature and case investigation, based on the domestic present situation of legislation and the academic controversy, and comprehensive reference to the relevant extraterritorial system, in order to expand research on the validity of pro-decided issues in judgment reasons。The author puts forward three innovations,the concept of proved facts’ effectiveness, without independent right of claim of a third person how to apply the effect, as well as the effectiveness of civil procuratorial supervision procedure,in order to achieve some breakthroughs in previous studies.This paper mainly consists of the following four parts:chapter one, the status quo of pro-decided issues’ enforcement recognition in judgment reason. This part is mainly to make a comb to the current legislation of our country from the academic controversy and judicial practice of the problem to appear in the effectiveness of pro-decided issues as a simple introduction, and in the form of case raises problem urgently to be solved in the judicial practice.Chapter two,this part involves comparative research from the relevant extraterritorial system on pro-decided issues. Such as Exculsion Rules of civil procedure in Common Law System and res judicata theory research in Continental Law System, as well as the pre-determined fact in Russia Law System these three different perspectives to analyze the outside related system, to combine the advantages and disadvantages for transplanting relevant extraterritorial system into our country and consider it is feasible or not.Chapter three, Return to the nature of the validity of pro-decided issues in judgement reasons, introduce the legal basis which the validity of pro-decided issues is depended on, in order to further explore its essence, finally,we find out the it is not Judicial Notice, or Exemption From Prove, but should be Proved Facts’ Effectiveness.Chapter four, to perfect the application of the pro-decided issues. The authors first set up procedural rules from the macro matters, then analyze on no independent claim to a third person and in procuratorial supervision procedure from microscopic, finally,combine this two aspects of the theory to study and put forward comprehensive suggestions.