Res Judicata And Improvement On Our Civil Retrial System

Res judicata has a natural important position in the theory of civil procedure. And the retrial system is a negation against res judicata. After we made an amendment of current civil retrial system, the res judicata still received less attention. How to grasp the different value direction between res judicata and civil retrial system correctly deserves our attention. Only we truly aware the effect and value of res judicata that we can complete our civil retrial system, then realize judicial justice and judicial efficiency.The thesis aims at studying the res judicata, then discusses the relationships between res judicata and civil retrial system. Through introducing other countries' civil retrial system, author gives advices about our reformation and improvement on civil retrial system. This thesis is divided into four chapters except for introduction and concluding remarks.Chapter one gives an analysis on the concept of res judicata,legislative overview of some countries,essential and function of res judicata. The most important thing in theoretical study is to clarify the concept. In this part, author takes a way of comparative analysis to the res judicata, then conduct in-depth analysis of it.Chapter two introduces the civil retrial system of different countries. There are many differences with civil retrial system in Civil Law and Common Law. Civil Law belongs to privacy protection type, while Common Law belongs to procedures of relief. But they both in common have a strict limitation on civil retrial system, and regard it as a remedy procedure without exception. It is a exception of trial -level system. This chapter's purpose is an introduction of improving our civil retrial system.Chapter three focuses on the relationships between res judicata and civil retrial system. It appears they are opposite, but in essence, they are the unity of opposites. Res judicata needs finality and stability, while civil retial system needs correctness. So there is poles apart between them. But they both constitute the legal proceeding system, they have same purpose on justice and judicial authority.Chapter four is the innovation of the thesis. It gives the evaluation on the Amendment of Civil Procedure Law about its advantages and disadvantages. Then combine with the previous chapters to give advices to complete our civil retrial system. Renew the philosophy of civil retrial system, turning "seeking truth from facts, mistakes must be corrected" into "correction in accordance with law, restrict the retrial". Given the elaboration on the construction of civil retrial system, we must abolish the right of court to start the civil retrial procedure, restrict procuratorate and improve litigant's right to start the civil retrial procedure, meanwhile, charge the civil retrial procedure.