On "New Facts" And Procedural Treatment In Civil Litigation

It is said that the facts in the judicial field refer to the specific process or state of various objective things,events or behaviors related to the generation and settlement of legal disputes that need to be identified or judged for the judicial subject.Fact itself is an abstract concept,something that is embodied,represented or pointed to by evidence in litigation.It is generally believed that facts in civil proceedings can be divided into three categories in theory: main facts,indirect facts,and auxiliary facts.This article believes that the main facts,which can also be called essential facts,are facts that can cause the occurrence,change,extermination or termination of civil rights as stipulated in the norms of civil substantive law.New facts are different from new evidence and new fact claims.New evidence and new fact claims are new methods of attack defense and point to the original main facts of the case;new facts are also different from newly discovered facts.The newly discovered facts still belong to the new fact claims in essence.Only due to the reasons that cannot be attributed to themselves,the facts that are objectively unable to be presented in time are the newly discovered facts;the new facts are also different from the newly developed facts because the underlying facts occur before the baseline time,only later change.Before the ruling takes effect,new facts are often ignored,and legislation has no regulatory measures.Judicial practice often confuses new facts claims and new facts.Both parties are allowed to appeal and violate the structure of the appellate trial function.Our country adopts the general theory of the conditions of appeal,which leads to claims that do not have the interests of appeal being incorporated into the appeal procedure,which harms the other party's trial-level interests.Appeals have both private and public purposes.On the one hand,they provide relief to parties who have suffered adverse judgments in the first instance,increasing the legitimacy of the judgments;on the other hand,they try to supervise the courts of the first instance to maintain justice.Through the judgment of the Court of Appeal,the interpretation and application of the law are unified.China has long adhered to the objective and true litigation concept,lacked substantial pre-trial preparation procedures,and had weak parties had weak evidence collection capabilities.Therefore,China should adopt a retrial system of appeal trials,and in principle,allow parties to raise new attacks and defensive methods in the second instance,except in the case where the party's late submission is attributable and there is a causal relationship between the late submission and the litigation delay.The new fact is a fact that does not exist in the first instance.The Court of Appeal cannot use it to determine whether the party has a remedy right or to use it to conduct trial supervision on the trial of the first instance.Therefore,the party should not be allowed to bring up the new fact Appeal,this article supports this by improving the setting of appeal conditions.The provisions of Article 248 of the Interpretation of the Civil Procedure Law are considered to be the institutional basis for establishing the time limit of res judicata in China."New facts" refer to facts that have occurred after the adjudication of the ruling,that is,the main new facts that have occurred in the civil law system.The state is called "new events after the standard of res judicata",including the facts of the new procedural elements and the facts of the new substantive elements.The facts of the new procedural requirements mainly refer to the case where the plaintiff's case is being reviewed or has been accepted but no substantive judgment has been made,the case is rejected because the litigation requirements are not available.The facts of the new substantive requirements include the arrival of the time limit and the achievement of the conditions,etc.The parties may file a separate lawsuit based on the new facts,which does not constitute repeated prosecutions.The provisions of Article 248 of the Interpretation of the Civil Procedure Law provide legal support for the establishment of a complaint by creditors in China.The new facts of the creditor's objection are also substantive facts.When the court's trial results show that the substantive right does not exist,the execution power in the name of the debt should be abolished by judgment,and the enforcement process should be suspended and prevented.For the facts that have existed before the benchmark time but are newly discovered and new developments,the "unpredictable" theory can be used to break the res judicata to file a lawsuit.