Identity Judgment Res Judicata Ranging Study

In the Code of Civil Procedure, there is a law principle of "neb is in idem." This "thing" can be understood as a general case. The prosecution of this case will not be re-admitted after the case is trialed.In practice we seem to be very easy to understand and operate this principle, but few people would go to the underlying causes of concern. This is the effectiveness of the verdict. It includes the determination in substance and in the form. The determination in substance of the verdict is res judicata. Res Judicata theory is from abroad,and it is generally applicable theory in the current civil law abroad .Through analyzing China's civil law and the provisions of relevant judicial interpretations,we will find that the legal provisions about the relation of paternity make a interpretations about the prosecution. China only have a law principle of "non bis in idem" and the background of the Res Judicata theory is not exist.Res Judicata theory itself is a very complex and profound problems, and the theory itself is the focus of the scholars. In the limited space in the master's degree thesis,it is impossible to have a full swing. Besides this,the provisions of the relation of paternity in China's Code of Civil Procedure is similar to the Res Judicata theory abroad. Therefore, this study only analyses the litigation about the relation of paternity,and make a study about the Res Judicata of the relation of paternity under the vision of Res Judicata theory.This thesis is composed of four parts except the introduction and conclusion,about 30000 words.As follows are the main contents:PartⅠ:In this thesis ,the author make a analyse about the unique between the ordinary civil cases and the cases about the relation of paternity.The concept of personnel cases, family cases and personnel lawsuit cases are common in China's theory and practice. There are two sides to describe the structure of the proceedings (ie, different from the non-court cases).However,the controversial base on the feelings of the relation of paternity, the application is obviously different from the ordinary civil marriage, adoption, paternity cases. The reason why didn't choose the concept of personnel cases and family cases is the concept of "family" is controversy, and the concept of "personnel" in my country has its specific meaning, easy misunderstanding.PartⅡ: Res Judicata theory itself contains the subjective ,objective and time range.This part makes a analyse about the subjective range of the Res Judicata. We will find that the subjective range of the Res Judicata should be limited to the scope of the parties,and the people who didn't participate in the proceedings should not be bound to the same decision.But the personnel lawsuit cases itself has a relation with the social stability,and the nation should make the relation of paternity on a high degree of stability. So,the verdict of personnel lawsuit cases will reach the third party.PartⅢ: How to identify the subject matter of litigation is the focus of this paper.Because the debate about the theory of the subject matter of litigation has not been over.But how to make the relation of paternityon a high degree of stability? How can we make the subject matter of litigation theory and specific legal provisions do not conflict? Author focus on the above issues. There are many doctrines about the subject matter of litigation ,such as the old doctrine of substantive law, a branch of the branch and the new substantive law doctrine. I believe that the only v. statement identifying the subject matter of litigation as a means can resolve the contradictions better.PartⅣ:The time range of the Res Judicata is less concerned by scholars.It is meaning that all the facts haven't been put before the end of the debate are considered abandoned,but the fact that happen after the debate are not bound by res judicata. And China's "Code of Civil Procedure" article 111 paragraph 7 states "in a divorce case in which a judgment has been made disallowing the divorce,or in which both parties have become reconciled after conciliation,or in a case concerning adoptive relationship in which a judgment has been made or conciliation has been successfully conducted to maintain the adoptive relation-ship,if the plaintiff files a suit again within six months in the absence of any new developments or new reasons,it shall not be entertained." "The Supreme People's Court on the application of " article 152 states:"The judgement about the case of alimony, custody fees, Fuyobi already in force, party with a further prosecution demands increase or reduce costs because of new developments or new reasons, the people's court should be accepted as a new case." In author's idea,the above legal provisions is about the time range of Res Judicata.We must combine the subjective ,objective and time range of Res Judicata when we analyzing the Res Judicata theory.