Res Judicata And Procedures To Protect The Principle Of The Theory And Empirical Research

This disseitation is devoted to discuss claim preclusion (res judicata) and proceduralguarantee. The author begins with the discussing of the validity of final judgment, and thedevelopment of theory on claim preclusion, and then studies the essence and functions of claim preclusion from the theoretic and demonstrational aspect Meanwhile, this dissertation also discusses the following three question: firstly, issue preclusion that has the same binding force as claim preclusion in interpreting theoiy. Secondly, relations between the cause ofjudgement and principle of good faith. Thirdly, basis and standard of scope of shutoff effect which existing in the interlocking fields between claim and issue preclusion. Furthermore, based on the principle of procedural guarantee, the author studies the principle of adjusting scope of claim preclusion.The whole dissertation contains nine chapters.Chapter I, Final judgement. This chapter describes the formal and substantial res judicata of final adjudication through the studying of the varieties and validity of adjudication.Chapter II. Resjudicata. This chapter explains the concept of resjudicata, the history of res judicata system, and the doctrines on the nature of res judicata system, and its critique.Chapter III, Issue preclusion. Firstly, this chapter explains the concept and meaning of issue preclusion. Secondly, it introduces the cases admitting issue preclusion, which were held by the lower court of Japan, explains the functions of issue preclusion, its relations with res judicata, which was limited in the body of the judgement and similarity, and difference between issue preclusion and res judicata. Furthermore, it describes the judgements and conditions of issue preclusion occur, and how to deal with issue preclusion in a litigation.Chapter LV, Issue preclusion and principle of good faith. Because issue preclusion is not adopted by Japanese supreme court CFaiwan supreme holds the same view). To deal with the problem of stereotyped and non-reality in litigation elastically, must admit the application of principle of good faith in practice, emphasizing on the solution of dispute at one time and the stability of the law First, this chapter describes Japan~s precedent, which doesn~ adopt issue preclusion, and then describes the principle of good faith and it~s applying index in German substantial law, and explains principle of good faith, which is the binding basis of issue preclusion.Chapter V, Judicial suspensive effect and issue preclusion. Issue preclusion is a means to solve judicial suspensive effect elastically, and a try to broaden the scope of judicial suspensive effect, but it causes the interlocking of res judicata and issue preclusion, and issue preclusion alsocauses the possibility of surprise attacking judgements. The chapter tries to explain the interlocking of resjudicata and the basis of suspensive effect and criteria of scope designating.Chapter VI, Procedural guarantee in civil litigation. This chapter explains procedural guarantee both as the revise ofresjudicata and as contrary rule guarantee theory, and explains the relation between procedural just and procedural guarantee. Secondly, it describes costitutionalization and internationalization of procedural guarantee and the three basic varieties representing basic procedure constitutionalization. Furthennore, it also describes the theory and practice of procedural guarantee in Japan.Chapter VII, The subjective scope of res judicata and procedural guarantee. This chapter describes the nature, broadening of res judicata and its relation with procedural guarantee, and the conflict and medication between reflective effect, joining effect and the third person procedural guarantee.Chapter VIII, The time scope of res judicata and procedural guarantee. This chapter describes the boundary of res judicata time scope, points out the meaning and the basis of res judicata criterion. This chapter Spreads out from precedent and doctrines When introducing res judicata crit...