| The predetermined proof value of the result of fact-finding in an effective judgment is both connected to and different from such concepts as res judicata, issue preclusion, etc. In establishing mechanisms governing predetermined value of proof and the use of evidence in cases involving both civil and criminal issues, consideration should be taken of such elements as the unity of judicature, the independence, efficiency and fairness of procedure, the priority of criminal trial and the rules of civil procedure. Meanwhile, the characteristics of Chinese judicial system and litigation should also be considered. The special force of criminal fact-finding should be confirmed, but such force should be subject to the "rule of necessity" and the "rule of determined facts". An effective civil decision can be used as documentary evidence and submitted to the criminal court, which can decide whether or to admit it and give its reasons. The criminal court should be cautious in applying the "penetration principle" to exclude the result of civil fact-finding and if it finds it necessary to deny the force of civil decision, it should do so in a proper manner. In special types of cases, the criminal court should take facts ascertained by the civil court as predetermined facts. In deciding the admissibility of such evidence, the court should consider such questions as whether the judgment is effective, whether such evidence is used as basis of judgment, and whether such evidence is testimony or physical evidence. The use of testimony gathered in criminal cases by the civil court should abide by the rules of civil procedure. Records of interrogation and interview and expert opinions should be examined in accordance with law, and be used properly by taking into due consideration of the means of proof and the formation of evidence. |
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