Res Judicata Study Of Administrative Litigation Judgment

Res Judicata Law Theory is the basic theory of litigation areas, civil law and common law countries have admitted that the majority of administrative litigation judgments res judicata issue. Res judicata is the essence of the rule of law in safeguarding national stability and judicial magistrate's authority. However, due to China's traditional legal culture, long-established legal concept, the design of the system to retry the quality of judges etc., as well as the reasons for, making China's administrative proceedings in the field, the theory of res judicata, legislative and judicial practice, a major deficiency. Thus the objective of China's justice, law enforcement and the legal authority of the unified set creating a greater impact. Therefore, the judgment of res judicata administrative proceedings on the issue, not only has far-reaching theoretical significance, but also important practical significance of the judiciary. Based on this, this paper attention to reality and the law of the proceeding, judgment on the administrative proceedings related theoretical and practical issues has been seriously discussed .In the terms of the method, I think, as one of the three major administrative litigation proceedings, administrative, civil, and criminal proceedings in the nature of the pursuit of aims and values are identical which are aimed at achieving a final solution to the dispute. This is precisely why we in the judgment of the administrative proceedings commenced on res judicata, we can learn from the relatively well-developed civil judgment of the basic principles of res judicata. And in the specific systems design, integration of administrative proceedings to carry out their own thinking and analysis.This dissert begins with discussing the meaning of res judicata judgment in chapter I, and then judgment of administrative proceedings of the constituent elements of res judicata. Secondly, what is proposed res judicata effect on the substantive law or procedural law on the effectiveness of the doubt, and give the question finally. Then On the basis of res judicata , I believe that we should adhere to the dualism: the stability of the legal system and the need to get the parties in the litigation as well as the procedural safeguards of the party attributed its logic of self-responsibility. Finally, the author discussed Jurisprudence also from the perspective of why the final judgment is res judicata ,in order to solidify the foundation for discussing the administrative litigation judgment theory of res judicata.This second chapter focuses on China's Administrative Litigation judgment of the status quo and the causes of res judicata. Compare to the mature civil law of Res Judicata, Chinese Mainland has been the lack of research on the issue . On China's current situation, the embarrassing predicament is problems in the theory of res judicata and the legislature on the importance of belittling, the practice of ignoring. Especially in the area of administrative litigation, it is in a state of desertification. There are many reasons for such a situation, the author cites several important aspects to be analyzed.Chapterâ…¢of this paper is related to the scope of administrative litigation judgment on res judicata. It is said that the scope of res judicata is the core of res judicata theory that includes subjective ,objective scope and timing. Administrative litigation judgment refers to the scope of res judicata objective, in the judgment of those litigation matters of res judicata. In principle, in the form of res judicata was proper judgment, in essence, subject to litigation as a breakdown of standards. At the same time I think we can adopt Japanese scholar, Professor Tang Xing Division pioneered the "indisputable point effect" theory to solve the problem of judgment grounds of res judicata. Administrative proceedings subjective judgment res judicata refers to the scope and limits of the main body of res judicata, and that is res judicata or in what people who happened to the force of law issues. The author believes that in addition to the parties, including the parties or their heirs to the interests of those who occupy the subject matter for others to participate in the interests of the proceedings, the proceedings of the following parties are after people, as well as by the court. At the same time the author also discusses the revocation of the ruling Res Judicata main proceedings, as well as the expansion of the scope of review of the case after the main scope of res judicata. Administrative litigation judgment res judicata time frame means that the judgment relationship between rights and obligations between the parties of the state, including the timing of res judicata and the benchmark system lost power efficiency, the court asked the executive administrative acts rework the expansion of the scope of res judicata time .Res Judicata system is to ensure that decisions of the Court of the authority and stability of the main objectives. But verdicts of the res judicata is not absolute, judgments on the content of the incident may not be a just solution, properly, and with the passage of time, the event itself will be changed and therefore the absolute support of res judicata effect will lead to unjust results, the evils will be offset by both contractors identified by the law of the value of stability, Based on this, we should analyse it dialectically, the judgment of res judicata are likely to be denied. Ultimately theoretical analysis is to benefit Practice. Therefore, the author made a number of comments and suggestions. Such as reforming China's long-established legal concept,clearing judgment of res judicata in China's administrative litigation legislation and so on. With a view to establishing suitable for China's system of administrative litigation judgment res judicata, and improving our country's legislative and judicial administrative litigation practice benefits.