Does an award have res judicata?

Legal Analysis: This court believes that some of them have res judicata.

The effective judgment of the people's court has the force of res judicata, but the effect is limited to the judgment item of the effective judgment, and if there is evidence that can be overturned for the determination of the "this court believes" part, the later judgment is not affected by the earlier judgment, and the people's court may make an independent determination based on the evidence presented by the parties. After a judgment rendered by a people's court takes effect, both the parties and the court are bound by the content of the judgment, and the parties may not make claims contrary to the content of the judgment in subsequent litigation, and the court must not make a judgment that conflicts with the judgment in subsequent litigation. Generally, this effect of an effective judgment document is called res judicata.

Legal basis: Article 93 of the Interpretation of the Supreme People's Court on Application The parties do not need to present evidence to prove the following facts: (1) the laws of nature.

as well as theorems, laws; (2) well-known facts; (3) Facts presumed in accordance with legal provisions; (4) another fact inferred from known facts and the rules of daily life experience; (5) Facts that have already been confirmed by a legally effective judgment of the people's court; (6) the facts that have been confirmed by the effective award of the arbitration institution; (7) Facts that have been proved by valid notarized documents. Except for the facts provided for in items (2) through (4) of the preceding paragraph, where the parties have evidence to the contrary sufficient to refute them; Except for the facts provided for in items 5 through 7, where the parties have evidence to the contrary that is sufficient to overturn them.

The legal effect of the court's ruling.

The timing of the entry into force of the decision varies depending on the level of court in which it was rendered and whether or not an appeal is granted.

1.All rulings made by the Supreme People's Court are rulings with legal effect, and whether the Supreme People's Court is the court of first instance or the court of second instance, or whether it hears a retrial case in accordance with the trial supervision procedures, its rulings are rulings with final effect.

2.A decision not to appeal shall have the force of law once it is pronounced; Rulings that do not allow appeals in accordance with law refer to rulings other than rulings on inadmissibility, decisions on jurisdictional objections, and rulings rejecting indictments. Some of these rulings can be reconsidered, but the reconsideration does not stop enforcement, and the rulings take legal effect after they are made.

3.The ruling made by the people's court of second instance on the decision to initiate an appeal is a final ruling, and once it is announced, it will take legal effect.

4.Where a ruling that can be appealed has not been appealed by the party concerned beyond the statutory time limit and there is no justifiable reason for extending the time limit, the ruling will take legal effect after the appeal period expires. Where parties are dissatisfied with a ruling not to accept a lawsuit, to decide on an objection to jurisdiction, or to reject a lawsuit, they shall appeal to the people's court at the level above within 10 days of the decision being made.

Where a party does not file an appeal within the prescribed time period, and there is no legitimate reason for extending the appeal period, the ruling becomes legally effective.

After a civil ruling takes legal effect, it is binding and the parties must perform it. In cases where a ruling has already taken legal effect, and the parties file a lawsuit again, the people's court will not accept it except in the case of a ruling allowing the withdrawal of the lawsuit. If the parties feel that the effective ruling is truly in error, they may apply for a retrial in accordance with the trial supervision procedures.

The ruling has partial res judicata. The effective judgment of the people's court has the force of res judicata, but the effect is limited to the judgment of the effective judgment.

Earnestness has the power of res judicata, and if it is planted, it must be implemented, and only then can it have the power of school, which is dignity and small power, which is strength and justice.

Judgments and rulings are applicable to different situations and have no distinction between the degree of effect. The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment. A judgment resolves the substantive issues of the case, while a ruling resolves both substantive and procedural issues.

Substantive issues resolved by applying rulings, such as commutation or parole during the enforcement period; Procedural issues to be resolved, such as rejecting a private prosecution, revoking the original judgment early, remanding the case for new trial, or a party's delay in the time limit, may be handled by the people's court when the people's court applies for permission to continue the litigation activities that should have expired. In a case, there is only one judgment that takes legal effect and is enforced, while there can be several rulings that take legal effect.

1. The content of the judgment:

1. The defendant's basic information, including the defendant's name, gender, age, place of origin, address, position, whether he has been criminally punished before, whether he has been arrested, the date of detention, etc.;

2. The situation of the defender and the prosecutor;

3. The facts, reasons and applicable legal basis ascertained in the judgment;

2. Judgment enforcement process:

1. Application. The parties must perform on legally effective civil judgments and rulings, as well as criminal judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the executor for enforcement;

2. Acceptance by the court. Where parties or interested parties believe that the enforcement act violates the provisions of law, they may submit a written objection to the people's court responsible for enforcement;

3. Apply for reconsideration. Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served. Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement;

4. Issue an enforcement notice to the person subject to enforcement. When the executor receives an application for execution or a transfer of the execution document, he shall issue an enforcement notice to the person subject to enforcement, ordering him to perform within the specified period, and if he fails to perform within the time limit, he shall enforce it;

Legal basis: Civil Procedure Law of the People's Republic of China

Article 216:After accepting an application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days of accepting the creditor's rights and debts, if the creditor's rights and debts are clear and lawful; If the application is not sustained, a ruling shall be made to reject it. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection and fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Article 236:The parties must perform on legally effective civil judgments or rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the executor for enforcement; The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Legal analysis: Judgments and rulings are applicable to different situations, and there is no distinction between the size of the judgment. The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment.

The contents of the judgment include: (1) the cause of action, litigation claims, and the facts and reasons in dispute; (2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons; (3) The burden of judgment results and litigation costs; (4) The period of the appeal and the court of appeal. The ruling applies to the following areas:

1) Inadmissibility; (2) Where there is an objection to jurisdiction; (3) Reject the lawsuit; (4) preservation and prior enforcement; (5) Permitting or not permitting the withdrawal of the lawsuit; (6) Suspend or terminate litigation; (7) Correcting clerical errors in the judgment; (8) Suspend or terminate enforcement; (9) revoke or refuse to enforce the arbitral award; (10) refusing to enforce the creditor's rights documents given compulsory enforcement by the notary public; (11) Other matters that need to be resolved by ruling.

Legal basis: Article 152 of the Civil Procedure Law: The judgment shall clearly state the result of the judgment and the reasons for making the judgment. The judgment reads:

1) The cause of action, litigation claims, and facts and reasons for the dispute; (2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons; (3) The burden of judgment results and litigation costs; (4) the period of appeal and the court of appeal. The judgment is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed.

Article 153 of the Civil Procedure Law: When a people's court hears a case, where some of the facts are already clear, it may make a judgment on that part in advance.

Article 154 of the Civil Procedure Law applies to the following scope: (1) inadmissibility; (2) Xiaochun has objections to jurisdiction; (3) Reject the lawsuit; (4) preservation and prior enforcement; (5) Permitting or not permitting the withdrawal of the lawsuit; (6) Suspend or terminate litigation; (7) Correcting clerical errors in the judgment; (8) Suspend or terminate enforcement; (9) revoke or refuse to enforce the arbitral award; (10) refusing to enforce the creditor's rights documents given compulsory enforcement by the notary public; (11) Other matters that need to be resolved by ruling.

The distinction between a judgment and a ruling is not the same, and there is no serious distinction.

Judgments and rulings are the most widely cited legal documents issued by the courts.

The limbs are as follows:

1. The judgment only solves the substantive issues of the case, while the ruling can solve both substantive and procedural issues;

2. The people's court may apply a ruling to whether or not to approve its application to continue litigation activities that should be completed before the expiration of the time limit;

3. The judgment resolves the rights and obligations disputed by the parties, and the purpose of the substantive legal relationship is to resolve the civil rights and interests disputes and resolve the disputes between the parties;

4. The facts on which the ruling is based are procedural factsThe law on which it is based is the Civil Procedure Law, which may be made at any stage in the course of the proceedings.

Civil Procedure Law of the People's Republic of China

Article 54: Where the subject matter of litigation is of the same type, where there are a large number of parties, and the number of people has not yet been determined at the time of initiating litigation, the people's court may issue a public announcement explaining the circumstances of the case and litigation demands, and notify the rights holder to register with the people's court within a set period of time.

Rights holders registered with the people's courts may elect representatives to conduct litigation; Where a representative cannot be elected, the people's court may agree on a representative with the rights holder participating in the registration.

The litigation conduct of the representative shall be effective against the party it represents, but the consent of the party represented by the representative must be obtained for the party to change or abandon the litigation claim or admit the litigation claim of the other party and settle the settlement.

Judgments and rulings made by the people's courts shall take effect on all rights holders participating in the registration. Where rights holders who have not participated in registration initiate litigation during the statute of limitations, article 148:The people's courts are to publicly announce judgments in all cases that are tried in public or not in public.

Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced.

When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal will be made.

When a divorce judgment is pronounced, the parties must be informed that they are not allowed to marry another person until the judgment takes legal effect.

Legal analysis: It depends on the specific content. The adjudication addresses the substantive issues of the case, while the adjudication resolves both the substantive and procedural issues.

Substantive issues to be resolved by the ruling, such as commutation of the sentence or parole in accordance with the law during the practitioner's solemn journey; Procedural issues to be resolved, such as rejecting the private prosecution, revoking the original judgment, remanding to the original people's court for new trial, as well as whether the parties delay the time limit and whether the people's court allows their application to continue litigation activities that should be completed before the expiration of the time limit, may apply the ruling to handle it.

Legal basis: Article 230 of the Criminal Procedure Law of the People's Republic of China: The time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against rulings is 5 days, calculated from the second day after receiving the judgment or ruling.

1. Which is more serious, the judgment or the ruling?

1. It depends on the specific content. The substantive issues of the case are resolved in the judgment, and the ruling is made to resolve both the substantive and procedural issues. Substantive issues resolved by applying rulings, such as commutation or parole in accordance with law during the enforcement period; Procedural issues to be resolved, such as rejecting the private prosecution, revoking the original judgment, remanding to the original people's court for new trial, as well as whether the parties delay the time limit and whether the people's court allows their application to continue litigation activities that should be completed before the expiration of the time limit, may apply the ruling to handle it.

2. Legal basis: Article 152 of the Civil Procedure Law of the People's Republic of China shall clearly state the result of the judgment and the reasons for making the judgment. The judgment reads:

1) The cause of action, litigation claims, facts and reasons for the dispute;

2) the facts and reasons ascertained in the judgment, and the applicable laws and reasons;

3) the judgment and the burden of litigation costs;

4) the appeal period and the court of appeal.

Article 230 of the Criminal Procedure Law of the People's Republic of China: The time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against rulings is 5 days, calculated from the second day of receipt of the judgment or ruling.

2. What are the differences between civil rulings and civil judgments?

1. The applicable matters are different. The purpose of the ruling is to enable the people's court to effectively direct the litigation, remove obstacles in the litigation, and advance the litigation process. The judgment resolves the rights and obligations disputed by the parties, i.e., the substantive legal relationship, with the aim of resolving civil rights and interests disputes and resolving disputes between the parties.

2. The basis for making it is different. The decision is based on procedural facts, is based on relevant law, and may be made at any stage of the proceedings. The facts on which the judgment is based are the facts of the occurrence, modification and termination of the civil legal relationship as determined by the people's court, and are based on the relevant substantive law, and the judgment can only be made at the final stage of the trial of the case.

3. The form, scope of appeal, appeal period and legal effect are different, and the ruling may be in oral form or written form, while the judgment must be in written form. In accordance with the provisions of relevant laws, the parties are allowed to appeal within 10 days of the ruling, and other rulings will take effect immediately once they are made; However, the scope of the judgment allowing appeal is relatively broad, and the first-instance judgment rendered by the local people's court at all levels allows the appeal within 15 days after the judgment is rendered. The effect of the ruling may be changed accordingly, for example, in the case of a decision to suspend the proceedings, a new ruling shall be made to resume the proceedings after the reasons for the suspension have been eliminated; The effect of the judgment extends to the entity and cannot be changed except through legal procedures.