On The Exclusion Rules Of American Civil Action Disputes And Its Relevation To China

“More cases and less people" and "contradictory referee" are the two most important reasons for the author to focus on the effectiveness of the judgment reasons.Our laws endue the reasons for the judgment with the effect of pre-judgment clearly and incorporate it into the field of relative proof-free facts.It is different from the effectiveness proved by facts in civil law countries as well as the effectiveness of the dispute exclusion in the the Anglo-American law countries.It does not set the specific conditions of application,and the phenomenon of abuse is more serious in the judicial practice,and allowing the provisions of anti-overturned become declarative provisions more.Therefore,there is an urgent need to regulate the terms of pre-set effectiveness of judgment reasons.The rule of dispute exclusion in the United States is the core of the American judiciary system,which together with the rules of the request effectiveness constitute a complete system of verdict in the United States.The rule has the characteristics of complete content and clear rules.It also improves the efficiency of litigation while solving contradictory referees.It is a mature system design of the effectiveness of the judgment reasons,and has a fundamental impact on the theory of the dispute in Japan and Taiwan.From the point of view,it is the best choice for our country to deal with the effectiveness of the judgment reasons by dispute exclusion.When the judicial environment permits,we should consider introducing the rules.From the point of reality,it is unrealistic to introduce the rule from the the United States in a short time.But at this stage,we can constraints the abuse of the effectiveness of the pre-treatment by comparing the applicable conditions of the dispute exclusion rule,the application of the subject and the object boundaries and using the procedural safeguards as a prerequisite.Besides the introduction and the postscript,the paper includes five parts:The first part introduces the outline of the dispute exclusion rules of America.this part presents the basic concept,the process of development and evolution as well as the theoretical basis of the dispute exclusion rule.The second part presents the main content of the dispute exclusion rules in America,which is the focus of writing this paper.In this part,the author made comprehensive introduction of the basic conditions,exceptions and applicable subjects of the rules of exclusion rule.Only to meet the application conditions of the rule,can the rule be applied.In accordance with the concept of procedural safeguards,the rules should only act on the situation where the former and later parties are the same.But in order to solve the problem of contradictory referee,and allow the third outside party to advocate the exclusion rule,but the outsider is still not subject to the constraints.It also should allow the outsider' defensive advocacy of pre-appeal dispute points,while should be very cautious for the outsiders' attack the use of pre-action.Although it should not be completely forbidden,only to cases where unfairness would not be brought to the accused.In addition,the author believes that the judge can replace each other's referee should be able to produce a dispute effect.The third part introduces the status of the effectiveness of the judgment reasons in our country.On the basis of the analysis of the existing problems of the preconditions in the judgment of our country,it is pointed out that it is urgent to regulate the provisions of our country's pre-judgment effect,and to make reference to the rules of the exclusion of the US civil dispute.The fourth part is about the impact of the United States dispute rule on other countries and regions.In this part,the author introduces the theory of dispute in Japan and Taiwan.They are affected by the rule of the United States,and combined with the civil law system and made some reforms,through the continuous efforts of scholars and judicial practice of active exploration,and achieved some success,as well as had a certain revelation for the transformation pre-power provisions in our country.The fifth part analyses whether our country can introduce the rule of exclusion of the United States,which is another important content of this article.The author believes that the provisions of effectiveness of judgment reasons in "the Supreme People's Court on the trial of environmental civil public interest litigation cases applicable to the interpretation of a number of issues"(hereinafter referred to as "environmental civil public affairs litigation judicial interpretation”)are basically reasonable.On the basis of analysing the advantages and disadvantages of the rules of the effectiveness of our country,the author puts forward the idea of constructing the rules in the future.At this stage,we can compare the conditions of application of the rules,the subject boundaries,the implementation of the concept of procedural safeguards to restrict the effectiveness of our current pre-power clause abuse.