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Analysis On The Subjective Scope Of Civil Res Judicata

Posted on:2009-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:J P HanFull Text:PDF
GTID:2166360272963363Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In China, compared to other basic theory of civil procedure theory, the discussion of res judicata is more of a theoretical level, but not with China's civil procedural law and other relevant laws and the civil trial practice with good conduct in-depth analysis, which on the theory of res judicata to a considerable extent, lagged behind with the legal practice. Therefore, how to construct China's res judicata theoretical system and to explore how they could be used in practice is extremely important. And the res judicata of the key lies in its role to define the exact scope of this paper is on the res judicata effect of the topics in the area to study the subjective scope.The full text besides the introduction and the conclusion, altogether is composed of four parts, below only makes the brief elaboration to the article primary coverage:The first part is the introduction of the content of the res judicata theory. Res judicata theory is one of the basic theories of civil procedure theory. On the case within the theory of res judicata, the object of their research are basically divided into two pieces, one of which is the elementary theory that centered on the macroscopic and abstractness question of the essence, the nature and the foundation of res judicata ; another is the scope of res judicata that include the subjective scope, objective scope and timing scope.The second part is the principle of relativity of res judicata subjective scope. Based on the basic theory of res judicata and the scope of res judicata. This paper in-depth analysis the principle of relativity, and in this theory on the basis of relative interpretation of the principle of res judicata to cover the detailed scope.The third part is the expanding principle of res judicata subjective scope. In fact, the scope of res judicata relatively subjective principles of res judicata only subjective theory of the basic content, and the subjectivity of the more dynamic part of res judicata is also expanding the scope of the subjective, academics on how to define the boundaries of their expansion there are still some more controversial, the paper through the same subjective analysis of the first expansion of the scope of the law, and then on the basis of this reasonable derived subjective expansion of the scope of which should be pointing to the scope. So that the scope of res judicata subjective and the relative expansion of the combined constitute a complete range of res judicata subjective theory.The forth part is the thinking of our country's subjective scope of civil res judicata. On the one hand, this part of the theory by introducing the current hot spots, so that the scope of the subjective theory of res judicata in the current proceedings of some controversial cases play a guiding role in China; on the other hand , through analysis the civil implementation system and the civil retrial system, to explore ways through the use of the subjective theory of res judicata to make up the shortcomings of these systems, so that the scope of the subjective theory of res judicata to play its due role.
Keywords/Search Tags:res judicata, subjective scope, principle of relativity, expanding principle
PDF Full Text Request
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