Research On The The Theory Of Res Judicata

The theory of Res Judicata, Suit Purpose and Suit Rights are regarded as three basic traditional theories in Civil Procedure Law. So the importance of the theory of Res Judicata can obviously be seen. But it is a pity that whether the history of Civil Procedure or at the present, the study of this theory also take on a scanty scene. There is no concept of the Res Judicata in legislation or judicatory in China. The professors of Jiang Wei , Chang Yi and Zhang Wei ping has dissertate this theory in their monograph. There is also other scholars study a part of it. How to establish a flat or a bridge in theoretic and practice is a problem be deserved investigation. The propose of studying the Civil action basic theories is not only in themselves, finally to shepherd the legislation or judicatory is more important. So we must contact our country's practice while studying this theory. Only in this way can we make theory autochthonous and instantiation. The studying of the theory of Res Judicata still has wide space in our country. By the way, the theory also has great important function in supporting and enlightenment about the Civil action's establishing and perfecting.The thesis intends to disquisition from theory to practice two point of view and about eight part. The first chapter emphasize particularly on the development of the theory itself. In other words, I want to analyze the theory's foundation then to define its meaning and range. The other chapters analyze with the view of practice using a series of idiographic cases. This is also the keystone and innovation of my thesis. As the Res Judicata is a nonrepresentational and intricate theory. In this way it is a original to analyze the theory of Res Judicata that cite true cases. Firstly, the secend chapter tries to demonstrate whether the Res Judicata's carrier is only be confined in juridical adjudge, or should extend it. I adopt the theory of Res Judicata's essence thereinto, finally elicit the conclusion. In the third chapter, I try to show the insufficiency of the Res Judicata, make use of the theory of issue preclusion which has affinity with the theory of Res Judicata. I want to discuss the feasibility ulteriorly, lastly I analyze it beginning with angle of a series of actual problems. I try to find outlet of the problems via compare this theory to retrial procedure, and try to discover an approach...