The Scopes Of Res Judicata In Civil Judgment

The res judicata is the most important part in the theory of effect of judgment. The deletion of the res judicata is a big deficiency of civil procedure law in our country. China is establishing rule of law, which also requires research and regulation on the res judicata. The scopes of res judicata is the basic content in res judicata, it has intimate connection with judicial practice. This article will study the theory and the practice of the definition of the scopes of res judicata, combining the civil law and common law system. This kind of research will not only contribute to the development of res judicata, but also protect the supremacy and finality of judgment by related institutions in practice.The article can be divided into five chapters.Chapter one: the summery of res judicata. This chapter introduces the history, the concept and the scope of res judicata both in the common law system and civil law system. The author suggests that, the concept of res judicata in china should contain these factors as below: the finality, the enforceability and constrain the parties and courts.Chapter two: the time scope of res judicata. This chapter analyzes the common principle of the time scope and its dilatation. Countries in civil law system made the time when the oral debate is over as the time scope.Chapter three: the objective scope of res judicata. This chapter analyzes the common principle and dilatation of the objective scope of res judicata. The common principle is that, the effect of res judicata is limited in the text of the judgment and can be extended to the set-off claim. It also analyzes the res judicata of reason of judgment and the partly claim.Chapter four: the subjective scope of res judicata. In this chapter, the author introduces the common principle and the dilatation of the subjective scope of res judicata. The subjective scope is the parties and it also extends to interested persons in some special situation.Chapter five: definition of the scopes of res judicata in China. The author analyzes the dilemma and outlet of res jucicata according to the theory, the institutions in practice and the factors of the dilemma. The author advocates that the outlet is consummate the definition of the scope of res judicata on legislation. Then, the author analyzes the definition of the scope of res judicata. In the time scope, the author suggest to accepting the rules in civil law system that make the moment when the oral debate is over as the time scope. In the objective scope, considering the current situation of Chinese judicial practice, the author thinks the effect of res judicata should be limited in the text of the judgment and can be extended to the set-off claim. And the partly claim only can be accepted in two special situations. Although the effect can not be extended to the reason of judgment, the author suggests to setting the interim judgment system to satisfy the even dilatation to the reason of judgment. In the subjective scope of res judicata, the author confirms the scope of parties according to the current legal rules, and has some advices to the dilatation of the subjective scope based on the civil law system.