Study On The Subject Scope Of "Res Judicata" Of Civil Judgment

"Res Judicata"is the term used by scholars in civil law system. Res Judicata theory is necessary in procedural legislation and theoretical study, no matter in civil law system or Anglo-American law system. However, in our country, Res Judicata theory, especially the subject scope of Res Judicata is still not very systematic and profound. This thesis is mainly on the subject scope of Res Judicata, which discusses the scope of parties and privy restrained by Res Judicata systematically. On that basis, to rethink and reconstruct our current party system and related systems, so as to propose some advise and reference in law modification in future.There are four chapters altogether. The first chapter is preface, which mainly discusses the definition of Res Judicata and the settled and final judgment. Then, I propose the principle to set the subject scope of Res Judicata, as well as the concrete categories.The second chapter discusses the main part of subject scope of Res Judicata—the parties. There are there sections. The first section discusses the definition and the importance of party. The second section discusses the due party. And on that basis, I rethink and reconstruct our current lawsuit system. The third section focuses on the special party system—intervention. I compare some foreign systems, and then reform our third party system. The third chapter focuses on some types of expanding in the subject scope of Res Judicata. The first section discusses the associations which don't have the legal person status. I figure out that the sponsors are also restrained by the judgment. The second section discusses the problems of analogous necessary joinder. I point out that our joinder is too simple, and we should increase the analogous necessary joinder. The third section discusses the succeeding suit. Nowadays, there are mainly two models of legislation: one is party unchangeable theory, the other is suit succeeding theory. However, the subject scope of Res Judicata is the same in the two models. Meanwhile, I advise we adopt the later, and use preservation to assist. The fourth section discusses the suit trust. In this section, I analyze the theory and practice of civil law system, and study our defect.Meanwhile, I discuss the problems of suit for public interest. Finally, I also discuss the question of creditor to suit instead of debtor,especially whether the debtor is restrained by Res Judicata. Then, I propose my suggestion. The fifth section concerns the relationship between occupier of the subject matter and the subject scope of Res Judicata. I point out the scope of occupier, then I analyze the concrete use in realistic life by discussing the special case. The sixth section concerns the special kind of judgment—the judgment which can form some legal status—and the effect of that kind of judgment. I analyze the difference between the formable effect and Res Judicata.The fourth chapter concerns two theories which have close relationship with the subject scope of Res Judicata, which is"mirror effect theory"and"spreading effect theory". The first section concerns the"mirror effect theory". I point out that"mirror effect"is the expansion of the subject scope of Res Judicata actually. I also list the corresponding categories. The second section concerns the spreading effect. Because the spreading effect still stays in theory, I introduce the current study in foreign countries. Then I point out our trend of development.The last part is the conclusion, which summarizes the whole thesis.