On The Effect Of Criminal Judged Facts In Civil Lawsuit

The effect of effective judgement in the civil lawsuit has always been the focus of academic controversy,especially the facts which have been confirmed by the effective criminal judgement in the civil lawsuit.On the basis of related cases,the paper analyzes the application of criminal judged facts to the civil procedural law in our country.Meanwhile,in order to provide the theoretical basis for judicial practice,the paper clarifies the connotation and effectiveness of the facts which have been confirmed by the judgement above,and also put forward opinions and suggestions to improve the relevant systems in our country.This article consists of four parts:The first part describes the brief introduction of a case and the proposal of the problem.This part starts with the case about dispute over contract for sale and purchase of Heilongjiang Province Linyuan Rice Industry Co.,Ltd.Vs Zhongliang Suihua Co.,Ltd.and Zhao Zhongqiu.Through analysis on the fact-finding between two parties and justification of the court,this study focuses on the connotation of the criminal judged facts and the effect on civil lawsuit.The second part describes the definition of criminal judged facts and the debate on their effectiveness.Based on the method of documentary analysis,this part mainly studies the different academic views on "facts which have been confirmed by the effective judgement by the people's court" and draw the conclusion that it is combining actual national conditions to call those facts above the “Judged Facts”.At the same time,by comparing the three viewpoints on Res Judicata,Probative Effect,and Pre-judged Effect,it is considered that criminal judged facts have relatively Pre-judged effect in the civil lawsuit.The third part describes the current situation and existing problems over the application of criminal judged facts in our country's civil lawsuit.By reviewing our country's civil procedure law and judicial interpretation,this part clarified the scope of criminal judged facts' effectiveness and the the subject involved in the civil lawsuit.Simultaneously,four aspects of the problem have been pointed out,which include confusion of types,confusion of objective scope and subjective scope,lack of remedies,etc.The fourth part is to consummate the effectiveness of criminal judged facts in the civil lawsuit.This part addresses the issues raised in the third part and combines the circumstances of the cases in this paper.It is proposed that the objective scope of application on criminal judged facts includes both the text of judgment and the cause of judgment.However,the method of application should be different.In judicial practice,the writing of judgment documents should be standardized and the text of judgment should be distinguished from the cause of judgment.With corresponding assurance measures in the subsequent lawsuit,the subjective scope includes not only the parties but also the person other than involved in the case.Finally,to the problem of how to remedy when there is a true mistake in criminal judged facts which has come into effect in civil lawsuit,this paper points out that different remedies should be adopted according to the probative effect of the new evidence proposed in the subsequent civil lawsuit.