A Study On The Rules Of Pre Determined Fact Effect Of Civil Effective Judgment

Looking at the norms of civil procedure in China,although the rule of pre judgment effectiveness has a long history,the theoretical community has been arguing for more than a decade about whether pre judgment effectiveness occurs,the choice of theoretical basis,and the scope of its application,and the consensus is still limited to this day.The issue of whether the pre judgment effect occurs or not determines the necessity of research,and its importance is self-evident.Based on factors such as the stability of the law and the improvement of litigation efficiency,it should be affirmed that pre judgment facts have pre judgment effect.The theoretical basis addresses whether the pre judgment effectiveness should be determined and why it can become an important member of the system for determining the effectiveness of judgments.In the current academic field,the choice of the theoretical basis of the pre determination effect has formed four different academic propositions,namely,Res judicata,fact proving effect,judicial notice,and dispute effect.The pre determination effect is not different from any of the aforementioned effects,but it has similarities with the dispute effect theory.The dispute effect theory can be used as a mirror to improve the system rules.At the same time,as the direct basis for judicial application,this standard should also pay attention to the institutional rules themselves.Through reviewing relevant norms and cases,it is found that there are still the following application difficulties in China’s pre judgment effectiveness rules: unclear objective scope,lack of subjective scope,difficulty in overturning pre judgment facts in subsequent litigation,excessive expansion of pre judgment effectiveness in criminal judgments,and improper invocation of pre judgment effectiveness rules.The reasons for this are: the theoretical basis has not yet formed a consensus There are contradictions between legislation,constraints from differences in court administrative levels,the influence of the traditional "heavy punishment over the people" ideology,and varying levels of judges.By examining the application requirements of the theory of dispute effectiveness in comparative law,we can further achieve a systematic reshaping of China’s pre judgment effectiveness rules.In terms of objective scope,"basic facts" essentially meet the standard of "substantive disputes between parties-substantive judgments by judges";Formally,it is located in the "determined by the court" and "deemed by the court" parts of the judgment reasons.In terms of subjective scope,the applicable subject of the pre judgment effectiveness rule can be extended to non parties in the pre litigation case.Based on the legal principle of procedural protection,the binding subject should be the pre litigation party,and non parties in the pre litigation case as the claiming subject can only defend the pre judgment facts;When a third party without independent claim rights becomes a party to a subsequent lawsuit,drawing on the theory of participation effect allows the third party to raise a defense against procedural safeguards in the subsequent lawsuit;And judges cannot proactively apply.In terms of overturning pre determined facts,China should adhere to the position of relative pre determined effectiveness and distinguish the proof standard of "sufficient to overturn" based on the distribution of burden of proof;It is certain that in subsequent litigation,the pre determined facts can be directly overturned and the source of opposing evidence for the parties can be expanded;Special provisions for absolute effectiveness can be established in cases that tilt towards protecting vulnerable parties.Based on the criteria of determining facts and doubtful facts,basic facts and non basic facts,and facts confirmed through complex and simplified procedures,the pre judgment effectiveness of criminal judgments is differentiated at multiple levels,and relevant supporting measures are established to cooperate.