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所谓争点效,是指在前诉中被双方当事人作为主要争点予以争执,而且法院也对该争点进行了审理并作出判断,当同一争点作为主要的先决问题出现在其它后诉请求的审理中时,前诉法院对于该争点作出的判断产生的通用力。依据这种争点效的作用,后诉当事人不能提出违反该判断的主张及举证,同时后诉法院也不能作出与该判断相矛盾的判断。其理论基础在于诚实信用原则和公平原则。它具有理论和实践两个层面的重要功能。我国应当引入争点效理论。
The so-called controversy refers to the dispute in the pre-appeal by both parties as the main dispute, but the court also tried and judged the issue, when the same issue as the main prerequisite in the trial of other claims , The Court of Appeals for the dispute made by the judgment of the common force. Based on the effect of this issue of validity, the parties to the subsequent complaint can not file any claim or evidence in violation of the judgment, nor can the Court of Appeal make any judgment inconsistent with the judgment. Its theoretical basis lies in the principle of good faith and fairness. It has two important functions of theory and practice. China should introduce the theory of competing efficiency.