On The Effect Of Pro-decided Facts In Civil Procedure

In judicial practice, sometimes one trial is based on a fact that was confirmed by a previous trial. At this point, how does the judge in the second trial treat the established facts? Would he make the same judgment as the first trial or make his own judgment after heard the case? This problem has affected the coordination and unity of the judicial system in our country. But the regulations about pro-decided is not mature enough and not sufficiently enforced through legislation. People in academic field and practice field have many different views about pro-decided facts and the effect of pro-decided facts. It has greatly influenced the judicial fairness.For the problem, the current domestic theoretical research is still in its beginning stages, most work focused on the objective aspect of the pro-decided facts and lack of a comprehensive description. Overseas, this problem has always been the focus on the research of the civil procedure law of the United States. And it has already formed a relatively perfect "rule of the issue preclusion". In Japan,"the theory of the issue preclusion validity" has also received numerous consensus, scholars have written many works about this problem. On the basis of the analysis of current situation, this paper aims to realize indigenization of the foreign theory and try to establish the system of pro-decided facts. In this way, we can perfect the system of judicial decision and solve the practical problems.The first part of this paper combs the current viewpoint about the pro-decided facts. After the analysis of the existing legal system, this section put forward the idea of the pro-decided facts that is the object of study. Then the viewpoint about the effect of pro-decided facts is divided into the negative theory and affirmative theory. Next the paper analyzes the related theory and problems in practice and points out that it is necessary to redefine the pro-decided facts and the effect.The second part researches the source of the effectiveness of the pro-decided facts form the point of the stability of procedure、principle of litigation economy and good faith principle. After making a distinction between the effect of pro-decided facts and res judicata, the paper concludes the nature of the effect of pro-decided facts, which is similar to the positive effect of the res judicata.The third part learn from foreign legal system, and point out the four important documents of the objective scope. On one hand, this part makes some respond to the accusation of foreign legal theory. On the other hand, it analyses the connection between the important document and our current situation.The fourth part affirms the expansion of res judicata theory, and further raises the rationality about the defensive claims of a third party.The last part mainly proposes the realistic difficulties before building the pro-decided facts system. It indicates the problems about our theoretical research^system building and procedural protection. All of this shows us how to perfect the civil proceedings.