A Study On Pre-Determined Force Of Confirmed Fact In Civil Judgment

This thesis draws from the case the thinking of the confirmed validity of the facts.Then the author analyzes the connotation of the confirmed facts,clarifies the concept of confirmed facts,locates the nature of the pre-determined power,analyzes the principle behind the confirmation of the facts,and analyzes the necessity of confirming the factual foresight.Through the comparative investigation of the extraterritorial system similar to China's confirmed factual foresight(emphasis on the US dispute exclusion rules and Japan's "point-of-effect" theory),the advantages and disadvantages of these systems in China are evaluated.This paper analyzes the legislative status of the system.China's Civil Procedure Law does not explicitly stipulate the issue of the pre-determination of confirmed facts.However,the relevant judicial interpretation of the Civil Procedure Law recognizes the existence of confirmed factual foresight and combines judicial practice.The case points out the defects and contradictions of the relevant provisions of the law.Finally,combined with the analysis of the above chapters,this paper perfects the system of pre-determined validity of confirmed facts from both theoretical and legislative aspects,and arranges the system to solve the validity and application of confirmed facts,thus making the judicial practice The court's approach was unified.The improvement of the system is conducive to the improvement of litigation efficiency,conducive to the authoritative consolidation of court decisions,and conducive to the realization of fairness and justice.In this paper,the author tries to explain the pre-determination of confirmed facts from the following parts: In addition to the introduction and conclusion,this article is divided into four parts:The first part analyzes the connotation of the confirmed facts.First of all,the concept of confirmed facts is clarified,and the analysis analyzes the different viewpoints of the academic community on the system and whether it recognizes the effectiveness of the system.Secondly,it clearly identifies the nature of the pre-determination and acknowledges the relative pre-determination of the confirmed facts.Finally,the principle behind the confirmed facts generated by the facts is analyzed,and the necessity of confirming the factual foresight is analyzed.The second part introduces the theory and system related to the confirmed facts outside the domain,compares the US rule of exclusion,Japan's "point-of-effect" theory and Germany's intermediate judgment system,and analyzes the system's confirmed facts for the construction of China.The reference for effectiveness and the obstacles applicable in China.The third part analyzes the current legislative status of the confirmed system of foresight in China,and combines the cases in judicial practice to point out the contradictions and defects of the relevant provisions of the legislation.The fourth part is about the construction and improvement of the confirmed facts of civil judgments.First,it is clear that the scope and elements of the pre-determined facts have beenconfirmed,the facts confirmed are the facts in the judgment,and the pre-determination of the confirmed facts is relative pre-determination.Secondly,the system is stipulated in the law when the civil procedure law is amended.Finally,in order to make the system better applicable,it is necessary to establish relevant institutional guarantees.