Study On The Pre-decision Effect In Civil Litigation

The facts confirmed by the ruling that has been legally effective by the people's court are called finalized facts in civil lawsuits.The pre-determined validity of finalized facts refers to the pre-determined binding force of finalized facts on the subsequent facts.For example,due to the debt dispute,A asks B to return the interest,and the court confirms the fact that the debt relationship between A and B exists and supports A's claim,and then B files A later lawsuit confirming the non-existence of the debt relationship,at which point the determination of the fact that the debt relationship between A and B exists in the previous lawsuit has the effect of pre-determination.At present,China's legislation on the effectiveness of pre-determination can not play a good role in guiding the judicial practice of civil litigation.Although the latest judicial interpretation further clarifies the pre-determination effect,the requirements for applying the pre-determination effect are not clear.In practice,judges with different qualities and without the guidance of specific rules cannot apply the system well,which seriously damages the judicial authority.Should settled facts have the effect of predetermination? The academic circle is also quite controversial on this issue.Many scholars call for the abolition of the pre-determination effect system.But,directly to a pre-determined effectiveness from civilian system existing in our country,will be a larger impact on our country's existing system,from the method of stability,litigation economy and efficiency,the principle of good faith point of view,we cannot be denied a pre-determined system brought about by the positive significance,at the same time,our country in the legislation and judicial practice have a pre-determined system has carried on the preliminary exploration,and about the facts of the v.after former binding problem,outside also have relatively mature experience for reference.The author discusses the theory of the effectiveness of pre-determination,and from the necessity and feasibility of the effectiveness of pre-determination of the facts,draws the conclusion that the effectiveness of pre-determination of the facts should be produced,and provides some Suggestions for the improvement of the system of pre-determination effectiveness of China and the establishment of relevant supporting measures.Generally,the determination of the disputed facts appears in the judgment reasons,rather than in the main text of the judgment.According to the general theory,the main body of the judgment is partially blocked by the res judicata.Therefore,the settled facts discussed in this paper only refer to the determination of facts in the reason of judgment.At the same time,the author thinks that the settled facts that produce the effect of pre-determination should be the main facts in the pre-litigation,not indirect facts and auxiliary facts.In the preceding action,the benefit contested is greater than or equal to the benefit contested in the following action;The effect of pre-determination shall be invoked by the parties on their own initiative,not by the judge according to his authority;The facts admitted in the pre-trial and the facts generated by the absence judgment shall not have the effect of pre-determination;The applicable subject of the pre-determination effect can be the third party who uses the settled facts defensively in addition to the party who has brought the case before and after.