Study On Adjudged Force Of Effective Judgment

To assure that all the civil disputes can be settled, the state established civil litigation mechanism which provides the society with authoritative resolution to disputes. Whether we adopt multianalysis to its aim, the application of civil litigation is definitely to judge and end the disputes. Since judgement or adjudication decides the rights and obligations of the parties concerned, it ends the disputes and it can not be argued or challenged, it becomes the destination of civil litigation. The theory of res judicata describes the binding effect of efficient adjudication.From the history of res judicata, it relates with western litigation system, i.e. it roots in adversary system. When res judicata was introduced to Russia, it was accompanying with judicial corruption, thus Soviet Union took a rupturing attitude to res judicata as it succeed the judicial system of Russia. The attitude of Soviet Union also had an effect on our judicial system. In quite a long time the study of res judicata was blank. In practice, there is no systematic knowledge on res judicata theory which causes discrepancies. By comparison technique, this dissertation compares and analyzes res judicata, and try to establish a theoretic standard suitable for our judicial practice to direct the practice. This dissertation consists of four parts as following:The first part is pandect of this dissertation defining the conception of res judicata. Res judicata means once the judgement comes into effect, it'll become a legal standard between the parties concerned to regulate their conducts related to their claims decided by the judgement. In case that the same disputes become issue again, the parties concerned should not argue or propose claims conflicting to the efficient judgement, and the court should not make new judgement contrary or inconsistent with the efficient judgement. Beside, it studies the history of res judicata, specifies that this system is not exclusively belongs to a certain litigation system, but is the common demand by all litigation system, and it particularly studies the effect of testimony litigation system under Rome Law on the formation of later res judicata.The second part expatiates the objective scope of res judicata. Since the objective scope of res judicata corresponds to litigation subject, theoretical study on litigation subject is indispensable. This dissertation starts from suit right under Rome law, analyze theory of old substantial law, new subject matter, new substantial law etc. The old substantial law theory is acceptable to practitioners while new subject matter theory is general understanding of scholars. But, judging from its fundamental character, subject matter should be an issue of substantial law, it's the reflection of ansprnchskonknrren theory under substantial law on litigation. Therefore, new substantial law has been given quite important theoretical value in the past few years.The third part mainly focuses on the subjective scope and the extension of its subjective scope. It elaborates the basic principle of subjective scope and extensive point of res judicata, analyze and conclude the basic principles which are taken as major theoretical ground for the extension of res judicata in practice.The fourth part is the terminal of this part, i.e. the analysis and establishment of our res judicata theory system. This part begins with the current situation of theory and practice in our country followed by the cause analysis from the angle of history, culture and economy. Finally, it explains the feasibility and necessity of establishing res judicata in our country at present, and by the means of analyzing the subject matter, it defines the criterion for recognition of subject matter, the stipulation and application scope of res judicata in order to form a theory system which can be reference for practitioners. In particular, according to the current litigation practice it suggests to solve the problem of subject matter recognition in accordance with the theory of selective incorporation..In the final part of conclusion, it sums up that res judicata is a question relating to multiple basic theory on litigation law. The status quo of other theories must be considered when giving definite explanation to res judicata theory. In order to avoid the careless omission, the author takes a prudential attitude in his study. He makes little redressal to the scope of every basic theory, within the binding effect of current theories to realize the purpose of litigation. There's not many new points proposed in this dissertation, it focus on sorting and analyzing current theories more. The author hope to achieve good result on the little redressal.