A Study Of The Effectiveness Of Preliminary Facts

Current theorists and judicial circles generally believe that the "facts confirmed by the people's court's legally effective judgment" and "facts confirmed by the arbitration body's effective award" stipulated in Article 93 of the Interpretation of Civil Procedure Law are pre-determined facts,and the determination of pre-determined facts in the pre-appeal plays a relatively exempt legal effect in the post-appeal.The standardization and rationalization of the pre-determined facts and their validity system are not only related to the fair and just settlement of cases,but also to the improvement of litigation efficiency and the rational utilization of limited judicial resources.However,the pre-determined facts' validity,which may have a great impact on the litigation behavior of the litigant subject,is stipulated in only a few simple provisions of four legal documents in our country.The simplicity and carelessness of the validity system of pre-judgment facts can neither respond to the doubts and disputes of the academic circles nor adapt to the increasingly complex judicial practice,resulting in the lack of uniform rules and guidelines for court decisions in specific cases,which seems too arbitrary.Compared with the mature and perfect extraterritorial system such as the res judicata theory of continental law system,the exclusion rule of contention in the United States,the contention effect of Japan and the judicial cognitive theory,it is of great significance to study the effectiveness system of the pre-judicatory facts in China and put forward suggestions to improve it for the progress and development of China's litigation legal system.This paper is divided into four chapters to elaborate on the effectiveness of pre-determined facts.Chapter 1 is an overview of the pre-determined facts and the effect of the pre-determined facts,mainly focusing on the basic theory of the pre-determined facts and the effect of the pre-determined facts,defining the basic concepts of the pre-determined facts and the effectiveness of the pre-determined facts,introducing the relevant legal provisions of our country;according to 150 typical cases selected by the author in the network of adjudicative documents,this paper analyses the current application of the system in our country,and at the same time selects Sex problems are summarized and sorted out.The second chapter is about the introduction of the relevant extraterritorial system of the validity of pre-determined facts and the comparative study with the validity of pre-determined facts in China.It mainly includes the theory of res judicata in civil law system,the rule of exclusion of contention in the United States,the theory of contention effect in Japan and the theory of judicial cognition.On the basis of explaining the basic concepts,value significance,applicable scope and conditions of various extraterritorial theories,this paper makes a comparison with the system of pre-determined factual effect in China.In order to draw lessons from the mature theories of foreign countries and combine with the actual situation of China's current pre-determined factual effectiveness system,lay the foundation for clarifying the scope of application and consequences of pre-determined factual effectiveness in China.Chapter three mainly discusses the scope of application and the definition of consequences of the system of pre-determined factual effect in China.Firstly,the author starts from introducing the controversy about whether the presumptive facts should produce the presumptive effect in the current academic circles.The current academic viewpoints are divided into two kinds: the affirmative theory and the negative theory.This leads to the requirement based on the principle of good faith,procedural stability and the principle of safeguarding litigation economy,which should give the pre-determined facts a pre-determined effect.Then the second section draws the applicable scope,conditions and consequences of the system of the validityof the pre-determined facts,including the subjective scope,objective scope,procedural guarantee and the binding effect on the parties and judges.In the last chapter on the basis of our national conditions and judicial practice,practical and pertinent theoretical programs and suggestions are put forward from the aspects of localization design of the system,perfection of legal provisions,and clarification of the criteria for determining the effectiveness of the pre-judicatory facts in cross-case between civil and criminal law.