Research On The Reconstruction Of Pre-determined Fact Rule

The pre-determined facts refer to the facts confirmed by the effective judgment of people’s court or effective ruling of the arbitral institution.The concept derives from the fact that such facts having a pre-determined binding effect on the factual determination of the subsequent civil action in the judicial interpretation.This binding effectiveness is an exemption effect that is exempt from proof on the evidence level.In this article,the author will refer to the fact that the rules for the effect of the exemption of evidence in the subsequent civil litigation are called the presupposition rules.The presupposition fact rule consists of three parts: the authorization rules,the effectiveness rules and the invalidation rules.The pre-determined facts under the current rules are not valid on the basis of the validity of the pre-determined facts.The lack of the proof of pre-determination,the unnecessary need of re-certification,the uniformity of the referee,the unchangeableness of the referee and the adjudged force cannot provide sufficient legal basis for the exemption effect,especially the facts confirmed by the arbitral institution’s effective ruling.At the same time,the current authorization rules,the effectiveness rules and the invalidation rules have different degrees of roughness.The requirement of the content about the authorization rules is not clear,the effectiveness rules lack effective conditions,the scope of effectiveness is too large,and the proof of invalidation rules is not clear,the standard is not appropriate,those are the reasons why the determined facts cannot be corrective guidance effectively,and then result in many theoretical conflicts.In addition,influenced by the actual factors,the phenomenon of misinterpreting the pre-determination rules and improperly applying the effect of the pre-determination in practice has occurred from time to time,causing many practical problems.Therefore,the rules of the pre-determination are necessary for reconstruction.In order to reconstruct the rules of pre-determined,the author firstly introduces the theoretical content of the pre-determined facts and the current rules of pre-determined facts in the first chapter of this article.The second chapter analyzes the existing content of the pre-determined facts and the current rules for deconstructing the pre-determined facts,analyzes the shortcomings of the pre-determined facts on the basis of exemption,and identifies the problems caused by the rough rules of authorization rules,effectiveness rules and invalidation rules.And the problem with the applicable processing.The third chapter is to solve these problems one by one,and explores the scope of "the range of exemption attest ",which can provide sufficient rationality for the pre-determined facts to have the effect of exemption.It also draws the ability to effectively crack the pre-determination.Determining the problem of the construction of fact rules and the theory measures to deal with the problem,and then integrates the scope of the exemption from the rationality of the exemption and the theories and measures to solve the problem of prejudging the facts in the fourth chapter,and get the refactoring of the "re-attest usefulness" Predict the analysis basis of the factual rules,and use this analysis to reconstruct the pre-determination rules according to the analysis,and finally give some suggestions for reconstructing the rules of the presupposition and try to draft the provisions.