Research On The Pre-determined Facts In Civil Judgment

As for the common case facts,What the influence for the former judgment to the latter referee is a controversial topic,that have different attitudes in theorists,The modification of the civil procedure law have not changed the condition.at the same time,The Judicial interpretation of civil procedure law just a few articles.It is a general provision that the fact has been confirmed by legally effective judgment of the people's court,the party concerned without proof,except there are adverse evidences enough to overturn the fixed facts.In the judicial practice,between the former judgment with the latter referee,there are lots of facts tightly related,After recognized the fact,what the impact is a question,how much the impact is a question.At present,the judge qualities on various levels,without clear regulation,there will produce different trial results,it is a bad results for The authority of judicial justice,and lead to waste of resources.In a word,Insight into the research of pre-determined facts in Civil judgment has important theoretical value and practical significance.This paper discusses the pre-determined facts in civil judgment from four chapters.Chapter one:Introduces the origin and development of the theory of predetermined facts,In the beginning,the theory of pre-determined facts and res judicata are belong to the theory of judgment.but the theory of pre-determined facts are diffrent from res judicata,We need a clear understanding of their differences in essence.Chapter two:Discusses the current legislative regulations and the application of practice of pre-determined facts.Along with the development of the theory deeply,making a correct attitude to pre-determined facts is a matter of cardinal significance.Chapter three:Discusses the different kinds of methods of pre-determined facts outside.Distinguish the characteristics between the common law system and the civil law system.Realize that it is a trend of reference and integration under the backgroundof globalization society.thus enlighten on the solution of the problem to our country.Chapter four: interpret the pre-determined facts is a systems engineering in the current context,Rules design of the localization of a pre-determined facts effectiveness system,clarify the applicable rules,perfect the relevant supporting system to ensure the implementation of the pre-determined facts in civil.