论已决事实的预决效力

大陆法系的主流观点和通行制度不承认判决理由具有既判力,说明已决事实不具有预决效力。我国民诉法未明确已决事实是否具有预决效力,不同的司法解释对此问题虽有规定但存在冲突,且都与民诉法基本原则相悖。当前司法实践中解决这一问题应当坚持现行民诉法奉行的“实事求是”原则,实行“再审前置”,即在后诉当事人提出足以推翻前诉已决事实的证据情况下,中止后诉审理,待通过再审纠正前诉已决事实后,恢复后诉审理。未来修改后的我国民诉法则应当否定已决事实具有预决效力。

On the Effect of Judged Facts

In the main view and accustomed system of Continental Law System,it's not acknowledged that the reasons in the judgement have the force of matter adjudged,which proves that the facts adjudged don't have prejudging force.In our civil procedure law,it is not clear whether the facts adjudged have prejudging force or not.Different judicial explanations have regulations on this problem,but they conflict with each other,and they are all against the fundamental principles of the civil procedure law.In current judicial practice,this problem ought to be solved on the principle of“seeking truth from facts”,which is held by current civil procedure law.“Retrial ahead”ought to be practiced,that is,to pause the latter trial when the party of the latter lawsuit submits evidences strong enough to overthrow the facts adjudged in the former lawsuit and not to resume the latter trial until the facts adjudged in the former trial have been redressed through retrial procedure.The intending revised civil procedure law of China should deny the prejudging force of the facts adjudged.