Establish Applicable Rules Of Predetermination Potency Of Civil Determined Facts

In recent years,the mainstream view between the legal theorists and judicial practice is that prior judgment-issues which is a substantive confirmed by the court or arbitration institution has the pre-decision effectiveness,which has played a relative exemption role in the process of confirming prior judgment-issues.The influence of the system of prior judgment-issues on the parties or outsiders is not to be underestimated.It can not respond to the controversy in the theoretical circles by providing only a few legal provisions.With the complexity of social relations,the difficulty of trial continues to increase,the lacking of consistent reference rule of the individual cases,the application of the individual case to pre-decision effectiveness is messy.Compared with the mature theoretical systems,such as the dispute exclusion rules from common law system and the res judicata of civil law system,it is of great significance to make clear the development direction of the system of pre-decision effectiveness and to construct a relative complete system for the progress of civil action in our country.The first chapter takes prior judgment-issues as the logical starting point,redefines the pre-decision effectiveness,and discusses the comparison with the pre-decision effectiveness,the res judicata and the proof effect,an then clarifies the theoretical basis of the pre-decision effectiveness.Through combing the legal provisions and case retrieval,it summarizes the more typical problems,and analyzes the current situation of the application of pre-decision effectiveness in our country.The second chapter analyzes the necessity of constructing the rules applicable to pre-decision effectiveness.In the environment of the number of cases and judicial reform,giving prior judgment-issues the pre-decision effectiveness is an effective way to improve the litigation efficiency.And in order to realiza the maximize function of dispute resolution,the system is also in line with the requirements of the principle of good faith,so that the result of the judgment is closer to the objective reality.Finally,from the perspective of amending the authoritarian litigation model,it illustrates the rationality of constructing the applicable rules for the pre-decision effectiveness.The third chapter analyzes the the dispute exclusion rules from common law system and the res judicata and the theory of the point effect in the civil law system,starting with specific concepts,discussing and analyzing deeply of the applicable conditions of it.It is based on the current judicial status in China,and find the fit point with pre-decision effectiveness to look forward to providing the useful inspiration for improving the scope and requirements of the pre-decision effectiveness.The fourth chapter constructs the rules applicable to the pre-decision effectiveness,which makes it clear that prior judgment-issues should be put forward by the parties,and the object of the pre-decision effectiveness should be limited with the reasons of judgment.The indirect facts and auxiliary facts determined by pre-litigation should also have a certain pre-decision effectiveness.Then,determiningthe subject of its effectiveness includes the parties and the third party under specific conditions with the help of the time node of res judicata to limit the time range.At the same time,we should follow the principle of due process guarantee,unify the standard of the pre-decision effectiveness,give full play to the judge's right of interpretation,give the parties the right to raise objections,and provide relief by asking reconsideration to the higher court.