On The Civil Judgment Res Judicata

This article mainly is divided into five chapters.The first chapter is about the summery of res judicata. This chapter introduces the concept, history of res judicata and the conditions of res judicata in many countries. It also introduces two aspects function of res judicata, including active and negative function. Second chapter is about the basis and the essence of res judicata. This chapter supports the view that the basis of res judicata lies in procedure stability and parties' self- responsibility after the lawsuit. Furthermore, the essence of res judicata has serious difference in the theory. With the presenting various theories, I believe that the essence of res judicata primarily is the procedural nature, and then the substantive nature in the secondary position. The third chapter is the objective scope of res judicata. The author thinks that it is in accordance with the object of procedure. So, the scope of res judicata is deferent under the different object of procedure. Therefore the author advocated to extend the objective scope of res judicata with a new theory achievement in object of procedure, instead of traditional object of procedure.The fourth chapter analyse the time scope and the subjective scope of res judicata. Firstly, it introduces the meaning of time scope and the reasonable foundation of res judicata. Next, this chapter argues the subjective scope from the relativity of subjective scope of res judicata to the expansion to the third party. The fifth chapter is about the breakthrough of res judicata. The retrial procedure is the main track of breakthrough. But our country's retrial procedure conflicts to res judicata in guiding ideology and the procedure content. So the author discusses how to improve the retrial procedure and puts forward some concrete proposal. Next, this chapter introduces the other special litigations to break though the res judicata-...