Study On The Expansion Of Res Judicata

If the right of action is the starting point on the theory of litigation,res judicata can be said to be the end point on the theory of litigation.Therefore,the theory of res judicata has an important effect in solving the dispute thoroughly,and it is necessary in procedural legislation and theoretical study.In our country,because res judicata hasn't been regarded highly by scholar for a long time,therefore,the study outcome of res judicata theory is still considerable lack,and only has some scattered rules in the legislation,don't form a complete system.Therefore,the thesis analyzes the subjective scope,the objective scope and time scope of res judicata through comparative and practical approach.The dissertation is comprised of four chapters.The first chapter briefly introduces the concept and history of res judicata.Res judicata theory is the product of historical development,it is continuously developed among the history of mankind. In addition,the thesis analyzes the essence of res judicata through various theories. The author believes that the essence of res judicata includes substantive nature and procedural nature,while the procedural nature is the main aspect of the contradiction. Based on analysis,the thesis introduces five factors that influence the essence of res judicata,has been discussed.The second chapter introduces the subjective scope of res judicata.In this part,it mainly analyzes the privity principle of the subjective scope of res judicata.Meantime, under some particular circumstances,the subjective scope of res judicata can be extended.Based on analysis,the thesis introduces our country's existing legislation on the subjective scope of res judicata again.Finally,according of current theory and judicial practice in our country,the author proposes own viewpoint about the subjective scope of res judicata.The third chapter is about the objective scope of res judicata.In this part,it mainly analyzes the basic principle of the objective scope of res judicata.The objective scope of res judicata is different under the different object of procedure.The author advocates to extend the objective scope of res judicata with a new theory achievement in object of procedure,instead of traditional object of procedure.In the expansion of the objective scope of res judicata,it also introduces several theories on res judicata problems of judgment reasoning and gives out the opinion over the binding effect of judgment reasoning.Meantime,it also believes that the defense of res judicata is an indisputable fact in the judgment reasoning.At last,it proposes some recommendations to establish the objective scope of res judicata through the analysis of current problems in this issue.The forth chapter introduces the time scope of res judicata.It maintains that we should clarify the end of verbal debate in factual hearing as the timing point of res judicata.There are some special types in the expansion of the time scope of res judicata,it's the most prominent that the action of tort arises the request for damages in the after-effects of the case.Similarly,the thesis puts forward some advices,and points out that our country's timing point of res judicata is not at the end of verbal debate in factual hearing,but at the end of the court,which seriously damage the legitimate rights and interests of the parties,and is not conductive to the stability of judgments.Res judicata theory occupies a very important position in the procedural law.As the parties,it can prevent the parties to advocate the same dispute again;as the court, it can prohibit the court to repeat a decision.Therefore,studying the theory of res judicata is not only a need for the stability of right and justice of process,but also a need for the social development.