Study On The Rules Of The Confirmation Of Pre-determined Facts In Civil Litigation

In our country,the pre-determined facts in civil litigation refer to facts that have been confirmed by the people’s court effective judgment.The Article 93 of the Interpretation of the Supreme People’s Court on the Application of the C ivil Procedure Law of the People’s Republic of C hina and Article 10 of the Supreme People’s Court’s Several Provisions on C ivil Procedural Evidence make the pre-determined facts on the evidence law.It has a positive effect on maintaining the unity of judgme nt and judicial authority,as well as improving litigation efficiency and rational use of limited judicial resources.However,the controversy about the theories of the pre-determined facts,it has led to the inconsistency of the rules for the confirmation of pre-determined facts in judicial practice,especially resulting in the arbitrary expansion of the pre-determined facts.Regarding the question of "how to deal with the facts identified in the previous judgment in the later prosecution",extraterritorially responded with the theories such as the expansion of res judicata,competitive effect,collateral estoppel,and judicial notice.In view of civil judicial practice,this article attempts to establish the theoretical basis of pre-determined facts through learnning from experience of competitive effect,and further refine the scope of the pre-determined facts and the application path of the rules for confirmation of pre-determined facts.It is important for ensuring the smooth progress of the litigation and improving the efficiency of the litigation.It also can achieve the goal of justice efficiency and judicial authority.In addition to the introduction and conclusion,this article shares four parts to elaborate the issue of the confirmation of C hina’s pre-determined facts in civil litigation.The first part is an overview of the rules for the confirmation of pre-determined facts,clarifying the concept of pre-determined facts.Tracing through the pre-determined fact and comparing with extraterritorial relevant theories,why rules for the confirmation of pre-determined facts in C hina are reflected in the rules of evidence.The second part is problems of the application of confirmation of rule pre-determined fact in China’s judicial practice.Combing the relevant laws and regulations of our country.Through analyzing the typical cases,it is shown that there are different understandings of the pre-determined facts in practice,which leads to the arbitrary of confirmation of the pre-determined facts.The third part introduces the processing path of pre-determined facts outside the domain.Different legal systems and regions responded to it differently,such as the expansion of res judicata,competitive effect,collateral estoppel,and judicial notice.The fourth part expla ins that based on the current status of C hina’s civil litigation system,C hina’s pre-determined fact system can try to establish the theoretical basis of pre-determined facts through the theory of dispute effect.The suggestions were further put forward on the scope of the confirmation of the pre-determined facts and the application path of the rules for the confirmation of pre-determined facts.