From Hu's Fraud Case To See The Pre-determining Power Of Criminal Judgment In Civil Litigation

In China,The predetermination effect of the facts affirmed by criminal judgments shows a obvious trend of expansion in civil actions.The relevant rules do not distinguish between the parties and the outsider objects,do not distinguish the importance of facts.All matters recorded in the criminal judgment are given the same predetermination effect,and the precondition for applying the predetermination effect are not defined.Such rough rules are not conducive to the application in practice,but also against procedural justice.The following three aspects should be stressed when enacting general rules of predetermination effect,firstly,it is necessary to define the correlation between criminal judgments and subsequent civil cases so as to apply predetermination effect.The second aspect is the object scope of predetermination effect of criminal judgment.Not all fact in the criminal judgments can meet the standard of proof of beyond reasonable doubt.Only the fact of deciding the conviction and sentencing can meet the the standard of proof of beyond reasonable doubt.Based on the lawsuit benefit and the unity of judicial decision,such facts should have the predetermination effect,and nonessential facts can not meet criterion of beyond reasonable doubt,so the facts may deviating from objective facts have not predetermination effect.The last aspect is the scope of restraining subjects.The parties of criminal trials should be restrained by criminal judgments and can not advocate opposing claims in following civil actions.Outsider objects can not be restrained by criminal judgments,but they can cite the facts that are beneficial to them in the former litigation as evidence to prove their claims.The general rules does not apply in especial cases.Considering the discrepancy between criminal procedure and civil litigation,making the opposite judgment from the former criminal judgment should be allowed.This article combines a real case to analyze the problems existing in practice and the deficiencies of current legislation.By reviewing the relevant theories and rules both at Chine and abroad,we can learn from the essence and concern with the present condition of judicature and legislation in China,and put forward some feasible suggestions for improving the predetermination effect rules.In the face of special cases which can not be dealt with by rules,the circle provides some theoretical thinking.In addition to the introduction and conclusion,the paper is divided into four parts.The first part is the introduction of the case,including details of case,the court's trial thinking and main points,as well as the summary of the focus about the predetermination effect.The second part analyzes and compares the current theories of criminal judgment predetermination effect in various countries,and analyzes and expounds the three major issues involved in its specific application.The third part is a detailed analysis of the predetermination effect involved in this case.The fourth part analyzes the problems of China's predetermination effect rules and puts forward corresponding suggestions for improvement.