Research On Objective Scope Theory Of Adjudged Force Civil Judgments

Because modern legal system of construction later in our country, thus there is not provisions about the objective scope of adjudged force and it only have some introduction and comments in academic areas. This article is divided into four parts. Author want to establish the objective scope theory of adjudged force combined the judicial status of China through the research of objective cope theory of adjudged force about foreign.The first part is summary of adjudged force. This part simply discourse the concept and constituent elements and effects and scope.The second part is the basic theory of the objective scope of adjudged force. The first, this article introduces the scope of civil law countries generally limited objective adjudged force in main text. The second, the scope of adjudged force and the subject matter of litigation is the objective theory of the relationship between the difficultly of this task. This paper introduces substantive law litigation law and new substantive law. Author described personal views of these three theories. Finally, author have discussed the defense of adjudged force to offset the causes, scope and specificity of defense offset.The third part is the scope of expansion of the objective theory of adjudged force. Article explains objective scope of the traditional adjudged force only the limitations of main text. This paper argues that the expansion of objective scope of adjudged force decision theory, including the reasons for the expansion and the expansion of the part of the request and introduces the various theories of scholars.The fourth part is to build a theory of the objective scope of adjudged force. This paper argues that the objective scope adjudged force should choose the traditional definition of the system model, judgment reasons does not have adjudged force. The defense against should have adjudged force to prevent the prosecution of the parties repeat and establishes the middle of the action of confirmation system established. The judgment of part request does not have adjudged force. However, the practice should be made some special exception to the provisions of the claims allowing the parties to sue again on the remaining.