On The Proof Effect Of Judgment In Civil Action

The theoretical research on the probative force of judgment document is still in its infancy in China.The deficiency of theoretical research and the imperfection of legislation contribute to the difficulty in the application of the probative force of judgment document in trial practice.Scholars are not clear about the source of the probative force of judgment document,which leads to the failure to establish a complete rule of probative force of judgment document in theory.In judicial practice,the pre-determination force rule created by the existing judicial interpretations does not distinguish the facts in the main text of the judgment from the facts in the reason for the judgment,which harms the procedural interests of the litigants,and causes the abuse of the probative force of judgment document in judicial practice.By studying the theory of the origin of the effectiveness of judgment,this paper solves the qualitative problem of the probative force of judgment document in theory,and systematically puts forward the applicable rules for the probative force of judgment document in civil litigation.In the first chapter,this paper mainly puts forward the problem that the probative force of judgment document is not clearly defined in theory in China,the problem that there is conflict between existing legal norms,and the problem that the pre-determinant force is abused in judicial practice.At the same time,it briefly reviews the development history of the the probative force of judgment document in commom law system,continental law system and China.In the second chapter,this paper traces back to the basic source of the theory of the validity of judgment.It is pointed out that the constitutional principle,the procedural law principle and the fact ascertainment principle play an important role in evaluating the probative force of judgment document.This paper holds that we should be alert to the phenomenon of legal evidence principle's return to modernization in our country.There are essential differences between the force of the facts in the judgment and that of judicial notice and that of official documents,which should notbe confused in theory.The third chapter is the core part of this paper.This chapter makes a typification analysis of the proof effectiveness of civil judgment in civil litigation on the basis of the typification of facts in judgment documents by distinguishing the probative force of judgment document,res judicata and force of disputed issues.It is believed that the probative force of judgment document comes from the original effect,supplementary effect and factual effect of judgment.The original effect is manifested in the res judicata of the main text of the judgment and the res judicata's expansion of the adjudgment in the litigation offset as well as the fact judged by the intermediate judgment.The effect of attachment is the probative force of the main issues and and the main issues have the force of pre-determination.The effect of fact is manifested as the non-important issues and undisputed facts in the reason of judgment,which is equal to the proof effect of ordinary evidence.The last chapter discusses the effectiveness of administrative judgment and criminal judgment in civil litigation.It is believed that the effectiveness of administrative judgment in civil litigation only contains the original effectiveness and factual effectiveness.Its applicable subject is the parties after the extension of the subjective scope of res judicata.The matters that can produce the effect of pre-determination are limited to the judgment of identity and public interestthe in main text of the judgment in the statutory reasons for judgment,and other facts can only be used as evidence in the later civil procedure.The probative force of criminal judgment in civil action only includes the original effect and the fact effect.The criminal facts found in the main text of the verdict and the basic facts closely related to the crime in the reasons for judgment in the verdict have the force of pre-determination in the subsequent civil proceedings.The non-basic facts irrelevant to the conviction can only be used as general evidence.A judgment of acquittal,in principle,has no pre-determination force on subsequent civil proceedings and can only be used as ordinary evidence.But there are special exceptions.