Administrative Judgment Res Judicata Study

Administrative effective judgment is a lawful judgment on the basis of national trial power and judicial authority which cannot be annulled or amended willfully unless special process. It is the problem of the res judicata, which is admitted and accepted by most countries including continental law system and judicial precedent law system. Because the provision about this problem in the legislation in our country is not sufficient, theoretical research on this topic is weak. Different opinions exist in academic circle. In the judicial practice, different courts understand it differently, which influences judicial justice and legal authority seriously. And therefore, making researches on the res judicata not only has far-reaching theoretical meaning, but also has important practical judicial meaning. So the theory and practice on the res judicata is analyzed in this dissert.In the terms of research methods, the basic purposes and values are consistent as litigation system. The res judicata can refer from the the law of civil of litigation and analyze concretely with the characteristics of the administrative litigation in the construction of concrete system.This dissert begins with the analysis of connotation of res judicata. Then it explains its functions both in positive and negative aspects in order to grasp its connotation correctly. It pays emphasis on the legitimate foundation on the basis of grasping its connotation correctly. The stability of law, process and responsibility and safeguard to the parties is analyzed in this dissert. It makes a foundation of the theory of res judicata.It pays great emphasis on the scope of res judicata that includes time, subjective and objective scope.The scope of res judicata is the core of the res judicata theory.Res judicata is not absolute which should be analyzed by means of dialectical method. Absolute definitude in judicial practice will result in unfair effects. And therefore it is necessary to retain second trial to some extent. Besides, participants in administrative proceedings can abandon the res judicata beneficial to them on the condition of not violating the law or encroaching on other's rights and public interests.