| The most important element is "subject-matterv in the civil procedure law of Taiwan China,because it can decided not only a rearrangement of duties between parties and the court,but also the adoption of system of concentrated trail in civil procedure.Subject-master also has a critically important characteristic,relating to the defining of what to be judged and what will be bound by the doctrine of res judicata.This highlights the importance of subject-matter in civil trails.In Taiwan China,the important amendment of civil procedure from 2000 to now is strengthening parties' procedural autonomy rights,which are demanded by constitutional principle.The above-mentioned legislative change has influenced the relationship between subject-matter and the protection of procedural rights in civil procedure.For the beforehand protection,the parties'procedural autonomy rights have fulfilled the adversary rights such stating,and getting information,and broadened the rights to joint trail such as change and addition of actions counterclaim.For post protection,if the adversary right about fact,evidence and relations of law before the close of pleading is violated form the court and other party,the violated party could apply for a new trail,which will not be bound by the finality and conclusiveness of the judgment and the issue preclusion.This thesis is divided into three parts.The developmental sequence is summarized below:(1)Introduction;(2)Chapter one to the fifth,addressing the relationship between the subject-matter and the protection of procedural rights;(3)Conclusion.The introduction of this thesis starts with the significance of the research,the research object and researching approaches to be applied.In what follows,Chapter one focuses on the theoretical foundation of subject-matter in civil litigation,composed of classical and new subject-matter theories.On the other hand,this chapter differentiates comprehension into three interrelated process,which include the analysis of the above mentioned theories,the scope of the subject-matter,the rights of joint the trail and the further development of subject-matter about how can combine with the protection of procedural rights by rebuilding the civil procedure.On the theoretical foundation laid in chapter one,chapter two focuses on the protection of procedural rights,which make parties to notify the opportunities to change,add action and counterclaim.To protect procedural rights above substantially,to make it convenient for parties to pursue the balance of substantial and procedural interests,and to prevent surprise and surprising judgments,it must be noted that the definition of subject-matter,which is under the situation of applying civil procedure,has to consider the elements of the protection of procedural rights.Chapter three discusses the duties of disclosure of judicial commentary by analyzing the practical development on principle of disposition and adversary after the amendment of civil procedure in Taiwan China.Compared with the classical subject-matter theories,the view of the new subject-matter theories to express the scope of subject-matter by parties has been applied by the amendment of civil procedure in Taiwan China after 2000.By this legislative way,the two parties in litigation are more obliged to facilitate actions to restrict overlapping or even repeating action.Chapter four explores the influence of explosion in the effect of civil judgment by using "res judicata of the objective scope" and the theory of "issue preclusion".Issue preclusion may solve more thoroughly the conflict between parties,because it aims to solve the contradiction arisen from among judgments.Furthermore,issue preclusion prevent the parties from making contradictory claims in separate litigations,because it has a binding force on the judgment's reasons,which the effect of res judicata in the objective scope cannot achieve and cover.Therefore,both "res judicata" and "issue preclusion" completely establish the binding force of judgment effect,which is to forbid each party to file repetitive suit and to make contradictious claims.Chapter five uses plenty of cases to get the actual depiction of how res judicata and Issue preclusion are defined and applied limited by the theories of subject-matter in Taiwan China civil trials.Finally,this thesis aims at analyzing precedents of the Taiwanese Supreme Court and surveying parties' rights and duties in amendatory civil procedure that precedents indicate.By this analysis,we could understand that whether the amendatory law is carried out in court practice.The conclusion of this thesis makes a brief summary,based on those principle views put forward in fore chapters.These aforementioned studies raised the possibility that the amendatory civil procedure codes,including the elements of procedural protection,not only have changed the ordinary structure and the traditional trial mode,they have also presented the influence in the areas of res judicata and issue preclusion.In spite of all the limitation of the above conclusion,we believe that the findings from this thesis are intriguing enough to invite further research on the topic of directionality in the revolution of civil judiciary,as well as further research on other application of parties' procedural autonomy,related topics that will make use of res judicata and issue preclusion. |
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