On The Expansion Of Administrative Res Judicata

The concept of res judicata was originated in the continental law system and was from the civil litigation. It reflected that the results of the judgement forbid both parties and the court reacting about the things which have been decided. That is, after the judgment was determined, the party should not make another litigation with the same legal relationship which has been settled in the judgment(the negative results),at the same time, the court should not make judgment against the fixed content of this judgement(the positive results).While, the expansion of res judicata means that it is out of the sphere limited, it is expand not only in the subjective sphere, but also the objective sphere. That is, for person, it is validity to the person who was/were not take part in the litigation; for things, it is validity to the judging reasons and the facts that has been discussed and judged. The judgement made before the last one should be given the force of res judicata.In the theory of the civil litigation, the main idea is that the res judicata is only validity to the person who have been taken party in the procedure, only several law scholors took the ideal of the expension of res judicata, While,in the administrative litigation, the expension of res judicata is necessory and is possibly. For persons, the expansion of the res judicata include not only all the parties in the civil litigation, but also the parties in the group litigation and public interests litigation, but also all of the administrative parties should be included. Of course, the nearer the administrative party has interests with the litigation, the stronger the res judicata to it/them.For the objective sphere, res judicata should be expended too. In the civil litigation, the results of the judgement should be agree with the requirement of the plaintiff, and the abandoned of the rights of the plaintiff should be admired by the court, the court shouldn’t survey the things that out of the requirements. The mains aim of administrative litigation are public interests, harmonious of the society, social stability. So, the judges should consider this elements while they make judgement, the judgement is possible not agree with the reqirement. Repeal lawsuit is the most important type in administrative litigation, in repeal lawsuit, the reasons for judging the administrative action is made by law clearly, and that the administrative action is illegal or not is decided by these reasons, so, these reasons should have res judicata; To the main facts adjudged in the former litigation, it should be given pre-judging force in the later litigation, which just equal the positive force of the res judicata, but,it can be denied on certain condition.The res judicata of administrative litigation judgement just has an effect on the things before the time point. The object sphere of res judicata is determined by the res judicata time point, while the subject sphere of the it is determined by the object sphere, so,it is necessory to study the res judicata time point, it is a tool to study res judicata and its expansion. In administrative litigation, the time point of res judicata is different with to the different lawsuit types, it is decided by the nature of the administrative action and the appeal of the plaintiff.Administrative retrial system does great harm to res judicata, according to the basic theory of the administrative, the court shouldn’t be given the rights to start up the retrial mechanism, the right to adjudication supervise of the procuratorate should be limited. At the same time, retrial lawsuit system should be established, in order to protect and restrict it, only in this way, can the litigant’s litigious rights be protected, and can the illegal require be abandoned.