The Effect Of Prior Judgment-issues In Civil Procedure Law

The effect of prior judgment-issues has not only involved the important civil lit igat ion theory,but also as an integral part of the evidence rules.At present,there are different views on the nature ofprior judgment-issues in our country,the construction of the prior judgment-issues system has yet to be improved,In contrast to the extraterritorial legislation and practice,many countries and regions have made an in-depth study on the effect of the prior judgment-issues,which makes the system have different degrees of development in theory and application.Although different legal environment in different countries,but we can still combine the current situation of China's legal development and social relat ions,learn from some of the outstanding legislat ive exper ience abroad.Therefore,i hope to put forward some suggestions on the establishment and improvement of the system of prior judgment-issues by summing up the contents of the legislat ion,theory and practice,and combing the extraterritorial legal system.This paper is divided into four parts:The first part is about the present situation of theprior judgment-issues in civil lit igat ion in china.It mainly includes the existing facts of the civil procedure law,the concept and the application of prior judgment-issues in judicial practice.The second part is about the theory and system of prior judgment-issuesin foreign countries.The theory part includes the theory of res judicata and "indisputable point effect".The system mainly involves the applicable conditions of the indirect estoppel and the Japanese "indisputable point effect".The third part reviews the academic circles different views about theprior judgment-issues,analyses these points of view,and negatesthe idea that defined theprior judgment-issues as pre-decision effectiveness,at the same time,forward viewpointthat prior judgment-issues has probative effect.The fourth part is about the construction of theprior judgment-issues.On the premise that theprior judgment-issues has been defined as probative effect,the author expounds the application of prior judgment-issues,including the effect,and the applicable conditions and measure of safeguard.