On The Application Of Res Judicata Theory In Environmental Litigation

This paper combine environmental litigation system with Res Judicata theory on interdisciplinary research approach.If there is a previous lawsuit and an after lawsuit,the study of application Res Judicata theory on environmental litigation system could define the effectiveness of the claims of parties and Court's duty.It is useful to pursue efficiency value of law,because it can simply the complex environmental lawsuit.This paper insearch the application Res Judicata theory on environmental litigation system from the time scope,the object and the subject.This article first two parts point out the defects in environmental litigation system research,which is short of researching on the validity of envionmental judgment.This paper focuses on Res Judicata effect of envionmental judgment.The following sections are sub arguments. The third part discusses the scope of environmental litigation in the time of the Res Judicata. In this paper, this section first discusses the time scope of the Res Judicata and clears the traditional theory concept of"standard time". The res judicata of the appeal depends on the"standard time". Focus on the Res Judicata in the environmental litigation under special circumstances, such as mild turn severe, complications issue.The fourth part discusses the Res Judicata objective in the range of environmental litigation. In this paper, this part of the first study on the objective scope of the Res Judicata traditional theory, which is the text of the judgment(object of litigation).The judgment reason is not included. There are three theories on object of litigation---the old entity law theory, the new entity law theory, which attitudes towards the concurrence of claim. The procedural law theory should be taken in the Environment litigation. We should analysis the object of litigation under the combination of substantive law and procedural law. Then discuss the Res Judicata effect in environmental litigation cases, e.g. the defendant's defense issues. Under the influence of the theory of the scope of the Res Judicata expanse to judgments reason, that we can try to create the middle of the action of confirmation to play a Res Judicata effect .Specific to environmental litigation, the plaintiff may bring the middle confirmation action, which is used to identify the victims of violations of environmental pollution is plaintiff, this is a recognition decision, non-payment of judgments. Decision after the confirmation has the Res Judicata to the after payment claim, which requires confirmation of the after Court shall not be recognized with this contradiction.Part V discusses the subject scope of the Res Judicata in environmental litigation. In this paper, this section first discusses the main scope of the Res Judicata. Based on the relative nature of the Res Judicata, the Res Judicata only have effect on the parties involved in litigation. When environmental pollution occurred, we whether choose large-scale group litigation, or the Model litigation to solve the problem.Large-scale class actions are a variety of ways, such as the United States"class action"quote; France"group action"; China's"representative action"; the litigation in different countries formed a different range of the Res Judicata subjective. The model litigation is based on the extension theory of the Res Judicata , making the subject scope of the Res Judicata to the third person in addition to expansion. In the environmental hazards disputes, if there are multiple lawsuits and the fact of these cases have common issues and legal issues, the court can identify the starting sample of the common problems litigation. In practice, choose a typical lawsuit from a number of lawsuits. Make the decision of this model litigation, and influence other proceedings with the Res Judicata .The sixth part of the paper tries to resolve the problem of abuse complaints in environmental public interest litigation. By analyzing the Effective range in environmental public interest litigation before the appeal (time range, objective scope, the subject scope) to confirm whether the Before v. Influenced the After v. in the Res Judicata . Specifically, in the environmental litigation, in the before and after claim, the plaintiff's investigation should be ignored, only need to look at the time scope and objective scope , we can identify whether the Res Judicata make effect.