民事判決理由效力的法理基礎

Jurisprudential Foundation of the Force of Civil Judgment Reason

民事判決的理由是否具有拘束力，以及具有何種拘束力，這一問題屬理論盲區。在民事判決數量持續激增、系列案件頻發及裁判文書要“釋法說理”的大背景下，回答這一問題具有緊迫性。在實然和應然角度，民事判決理由效力的正當性存在著預決效力、爭點效力和參加效力等解釋路徑，分別反映不同的制度目的，對應於不同的程式保障標準和價值判斷空間，體現不同程度的正當性。預決效力可通過免證事實機制縮小證明範圍，能夠提升訴訟效率，但保障證明權是其適用的前提條件，對後訴事實認定的拘束力較弱，難以為判決理由效力提供正當性支撐。爭點效力與民事判決理由效力的關聯最緊密，可與既判力形成合理分工。既判力原則上只及於判決主文，而爭點效及於判決的理由，借助於價值判斷機制落實訴訟誠信原則，阻斷生效判決認定的爭點事實再次被後訴當事人爭執，維護裁判統一。參加效力立足於責任分擔理念和訴訟擔當法理，為判決理由向無獨立請求權第三人及案外第三人擴張提供正當性法理基礎。以此為基礎的類型化分析，則可廓清判決理由效力適用範圍，擴大判決理由拘束效果。

Whether and what kind of binding force the reason of civil judgment has is a theoretical blind spot. As the number of civil judgments continues to surge, serial cases occur frequently, and the judgment documents need to “explain the law and reason”, it is urgent to answer this question. From the positive and normative perspective, the legitimacy of force from judgment reason is derived from three theories on the effect of pre-determination, issue preclusion and litigation participation, which reflect different system aims, procedural security standards, space for value judgment and degrees of legitimacy. The pre-determined effect can narrow the scope of proof through the mechanism of evidence-exemption, which can improve the efficiency of litigation, while the protection of right to prove is the prerequisite for its application, and the binding force on the determination of facts in subsequent litigation is weak, meaning that it is difficult to provide legitimate support for the force of judgment reason. The issue force is most closely related to the force of judgment reason, which can form a reasonable division of labor with res judicata, as res judicata only applies to the main text of the judgment in principle, while the issue force applies to the judgment reason by means of value judgment mechanism which can be used to implement the principle of good faith in litigation and prevent the issue facts from being disputed again by subsequent parties, to maintain the uniformity of judgment. The participating effect is based on the theories of responsibility sharing and litigation undertaking, providing legal basis for the expansion of judgment reason effect to the third parties without independent claim and outside the case. The classification analysis on this basis can clarify the application scope of judgment reason force and expand the binding effect.