试析预决事实的效力及适用范围

Try to Analyze the Pre-definitely Fact the Potency and its Applicable Scope

预决事实是指为法院生效裁判所确认的事实。预决事实具有相对免证效力;民事判决认定的事实有无预决效力,需从既判力的主客观范围进行分析;预决事实的适用范围,在主体上应限于参加诉讼的当事人。

The pre - definition fact refers to the fact affirmed by the effective judgment made by the court. The pre - definition fact doesn＇ t need evidence to prove it. The fact affirmed by the civil judgment has effect or not should analyze from the subjective and objective scope of the res judicata. The subjects should be the client joined the action as the pre -definition fact applied.