On The Efficacy Of Adjudicated Fact

The efficacy of the adjudicated facts could be divided into two aspects,one is the legal effect which includes res judicata and binding force inside procedure.and adjudicated force is related to the facts written in the elemental part of adjudication;And determining force in procedure just appertains to the facts acting as reason in the adjudication.Secondly,adjudicated fact which is a kind of objective existence that has the potentiality to be an evidence,exactly documentary evidence,owns probative force that can be classified as an factual efficacy.Res judicata is an inherent force which derives from proceeding the lawsuit procedure and keeps stable the resolution of main lawsuit dispute.determining force inside procedure is an binding of periodic fact affirmation locked inside the procedure.Both show up the effect of procedural law and result from the realization of the procedural law,in the other words,procedural law was effectively enforced.therefore,improper sentence still gets adjudicated force.Because res judicata has noting to do with the substantive law.In addition,the grounds of res judicata is distinctive from that of breaking the res judicata.The essence of retrial is to override the referee that got res judicata and the ground of retrial is not owing to the referee without getting adjudicated force.The grounds of breaking res judicata include improper procedure of litigation and the impropriety on the substantive law.The factual efficacy is deemed as an effect,or rather an attribute of objective existence as potential evidence.Due to the legal and factual efficacy,so the nature of its performances in judicial practice are such various and complex that it need analyzing according to the circumstances.The prejudged force of the adjudicated facts significantly correlates to the legal and factual effect.Because the prejudged force of the adjudicated fact gotten res judicata is absolute,and the other's derives from the high probative value of some adjudicated facts.It should not be prescribed by legislation due to complexity of the presenting efficacy of adjudicated facts.