The Research Of The Expanding Theory On The Objective Scope Of Res Judicata

The theory of res judicata is the basic theory of civil procedure law, and it plays an important position in the civil procedure theory in civil law countries. Res judicata can settle disputes and avoid litigants from arguing about legal relations that are already established by the law, and it can not only achieve the goal of economization, but also reflect the finalization and authority for the verdict perfectly. The expanding theory on the objective scope of res judicata supposes that res judicata not merely emit its effects in litigant objective, but also has a certain binding force on the reason for decision, or that a judge's determination for reasons should result in a binding force which is similar with res judicata. Though this theory may better solve the contradiction of verdicts, it still has some defects. The research upon expanding theory on the objective scope of res judicata includes discussing the rationality of it theoretically, proving its worth of existence practically, and studying the feasibility and necessity of introducing this principle into China. Thus we would weigh the advantages and disadvantages more completely.The expanding theory on the objective scope of res judicata is complicated, so it is impractical to be well considered in every respect due to the limitations of space. This paper hereby mainly uses historical analysis and comparative analysis and strives to elaborate the issue in legal writing that is easy to understand.Apart from the introduction and conclusion, this paper is divided into seven parts. The main content and frame is as follows.1. The legal effective of the judgment in civil actions. This part exemplifies the time that the civil judgment to take effect, and analyses the various kinds of effects arose by the judgment. Therefore, the arising time and specific meaning of res judicata, which is one of the effects in civil judgments, are illustrated. It also makes a distinction between the essential res judicata and the formal res judicata for laying the groundwork to the following discussing, and limits the subject matter of this paper to the essential res judicata.2. The effect of res judicata. The theory of res judicata is divided into two parts. One is about the macro issues such as the essence of res judicata, the nature of res judicata, the source of res judicata and so on. The other is mainly on the objective scope, subject scope and time scope, which belong to the practical significance with the interpretation of the subject. The effect scope theory and expanding theory on the objective scope of res judicata both belongs to the effect theory of res judicata. This part has studied the reflection of the effect of res judicata, the occasions where it affects, the tow-sided nature of res judicata, and the scope of its effect. To briefly describe and refine the effect theory of res judicata and lead to the following study about the objective scope of res judicata is what this article aims for.3. The theory of litigation object and the objective scope of res judicata. This part details the historical development of the litigation object theory and the objective scope theory of res judicata respectively, and demonstrated the hard efforts which are made by the scholars in order to let the two theories fit each other. It has stressed the close relationship between these two theories, especially the dominant role that the litigation object theory plays in the developing process of the objective theory scope of res judicata.4. The reason for judgments and the objective scope of res judicata. In fact, to study the expanding theory on the objective scope of res judicata equivalents to investigate that whether the objective scope of res judicata should include facts and reasons of the judgments. Thus, the reason for judgments naturally becomes one of the key points in studying. This part discourses the types of reason for judgments, analyzes why the reason for judgments does not belong to the objective scope of res judicata, and elaborates the exception for offset defense. It tries to expound the connections between reason for judgments and the objective scope of res judicata more comprehensively and profoundly.5. The expanding theory on the objective scope of res judicata. In practice, the objective scope of res judicata may lead to contradictory judgments because of its content is limited to litigation object. To deal with this problem, German scholars expands objective scope of res judicata. But Japanese scholars have found another outlet, the theory of effectiveness of issue, and try to repaire deficiencies by establishing a new system. This paper introduces several significant doctrines and analyzes the expanding theory on the objective scope of res judicata thoroughly and deeply.6. The evaluation on the expanding theory on the objective scope of res judicata. From two different levels, this part has given an objective assessment about the theory. First, under the distinct background of theories, it concludes that the expanding theory has a wider space for application in the civil law theory, but it would be much less used in the old substantive law theory. Secondly, comparing the distinctions of traditional philosophical basis between civil law and common law, the article criticizes the effectiveness of issue, which diverges from the tradition of civil law and the traditional theory of civil procedure. Finally, it comes to the conclusion that the expanding theory on the objective scope of res judicata is not suitable for China's civil procedure law and should not be applied.7. The expanding theory on the objective scope of res judicata and China's civil procedure law. To expound the study of current conditions and practical experiences upon the expanding theory on the objective scope of res judicata, and to discuss whether it is reasonable to accept this theory, this part has constructed the theory of litigation object and the res judicata theory in our country. It hopes that this paper would finally contribute my pygmy effort to the development of China's civil procedure law.