Research On The Pre-determind Facts In Civil Procedure

"The facts confirmed by effective rulings issued by people's courts do not need to be proved evidence,except that the the party has contrary evidence which suffices to overturn"that is the rule of pre-definition fact in<Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China>.The<Some Provisions of the Supreme People's Court on Evidence in Civil Procedures(2019 Amendment)>,limiting the scope of the pre-determined facts to "Basic facts confirmed by effective rulings issued by people's courts." The pre-determined facts are frequently applied in judicial practice,but the theoretical basis and practical application methods behind this provision are not clear.Therefore,it is necessary to tidy up the regulations,find and solve the problems in order to maintain the uniformity of the application of the law,realize judicial authority,and protect the legitimate rights and interests of the parties.In addition to the introduction and conclusion,this article is divided into four parts.The first part is an overview of the pre-determined facts,this part mainly sorts out the source and development process of the pre-determined fact system from a vertical perspective;It also examines the system related to the facts of the decision in the current regulations from a horizontal perspective.In order to achieve a comprehensive understanding of the facts of the decision.The second part is the theoretical review of the effectiveness of pre-determined facts.This part studies the pre-determined facts based on the pre-determined effect of pre-determined facts.As for the essence of the pre-determination effect,scholars mainly define it from the theory of res judicata,issue preclusion validity,issue preclusion,judicial cognition and so on.After comparing and contrasting these points of view,the essence of the effectiveness of pre-determination is considered to be a fact-proving effect.The third part is the empirical analysis of the judicial practice of the pre-determined facts.This part uses the method of case analysis for research.On the basis of reading a lot of court judgment documents,some representative judgment documents are selected for display and analysis,in order to understand the practice and problems of the application of pre-determined facts in judicial practice,overthrow,and relief.Combining theory with practice enables a more scientific understanding of pre-determined facts.The fourth part is the examination and consideration of the judicial application of the pre-determined facts.This part is on the basis of sorting out some problems in the judicial practice application of pre-determined facts,and on how to further standardize the judicial application of pre-determined facts.Starting from the the applicable substantive conditions of the pre-determined facts,the pre-determined applicable procedure specifications,and the relief of the pre-determined facts.Attempts to build a system of regulations that are compatible with the legal system,are compatible with the nature of the facts to be determined,and are consistent with practical needs...