Research On Res Judicata

This article studies the recognition of event in res judicata. With the reference of claim of civil litigation and object of action theories, by comparing the relative systems used by countries that adopt continental law and Anglo-American law system respectively and by analyzing the legal environment and condition, the writer believes that nowadays in China, two things need to be emphasized. On one hand, efforts must be made to respect legal authorities and raise the efficiency of judicature. On the other hand, the full guarantee of legal procedures must be emphasized so as to balance justice and efficiency organically. A stable law system can thus be maintained on the base of ensuring human rights. Therefore, the writer suggests using a two-branch theory of object of action in our country and building up a res judicata system in our civil lawsuit proceedings with a core of ensuring legal procedures.