关键词: 已决事实, 预决效力, 争点效, 积极既判力

Abstract: At present, there are conflicting provisions of relevant judicial construction in China on the decision of the fact. And despite the fact that the relevant provisions represented by Article 9 of the “Rules of Evidence”, which has the effect of predetermined weight of the judgment, there exist many problems that are unworthy of the name and can easily lead to the application of the conflict. However, after being transformed by Chinas “specialization”, they have been accepted by judges at the forefront of judiciary practice. If these provisions are casually and completely negated, and further replaced by the newlyintroduced, then it may cause the inconsistence with the existing legal system in China. Therefore, it should be on the basis of clarifying the predetermined weight of res judicata theory and other relations, and actively docking the latest legal provisions on the validity of predetermined weight and positive res judicata, to make unified interpretations in the same civil action legal system.

Key words: determined fact, predetermined weight, issue preclusion validity, positive res judicata