Res Judicata The Scope Of The Research And Analysis

There are four chapters in this thesis.Beginning of the concept of res judicate,the thesis analysis the extent of Res Judicate.And the author construct the theory of res judicate for China and recommend legal provisions for related institutions,which is based on the existing theory and practice in China.Chapter One :Introduction. In this chapter the concept of Res Judicate will be analyzed.After that the authur will analyze the factors that influence the extent of res judicate.Chapter Two: Starting time of res judicate.This chapter analyze how to judge the Starting time of res judicate in civil law system.In the end the auther suggest that constract the starting time of res judicate for China.Chapter Three: Object extent of res judicate.In this chapter,the exent of res judicate and how to decide the extent in the two legal systems will be compared.The theory in civil law determines the object of the action.And the object extent of res judicate tends to exend gradually.In the end the auther think that is bad idea to extend the object extent res judicate for China now.And the auther design how to establish the interim judgement system in our civil procedure law.Chapter Four: Subject extent of res judicate.The Subject extent of res judicate also tends to extend gradually in both legal systems.The background of this tendency is the diversity of economy development and the aim of solving related disputes in a single action.Apart from the parties,the civil law specified the persons who will be restricted by the judgment. Finally the authur design how to define subject extent of res judicate in our civil procedure law.