Study On The System Of Civil Res Judicata

Res Judicata system originated in the continental law system countries, particularly in Japan and Germany which have a long history of development. It has become a mature legal system and put into use now, and the main effect is to guarantee the stability of judgment and judicial authority. Nowadays, Res Judicata system has become the system which most countries in the world generally follow it. Relatively speaking, the mainland of China has not used the concept of Res Judicata. The only provision which is similar to Res Judicata, such as China’s" civil law"111st article fifth state:"To the decision, ruling which is becoming legally effective case, if the parties prosecute, we will inform the plaintiff by complaint handling...". In addition, the Supreme People’s Court "on the application of’the Civil Procedure Law’ the opinion of a certain number of problems’the seventy-fifth regulation:" If the ensured fact that the People’s Court have already judged, parties needn’t to put to the proof."In this paper, the Res Judicata theory is the point of penetration, and it elaborates the theories of different schools and puts forward the writer’s tendency to the view. The author studies the scope of Res Judicata through subjective scope, objective scope, time range, and it is the more clearly to research on Res Judicata’s practical significance and application value in the our country. Thus we can also recognize the Res Judicata which has some limitations. For the judicial practice which has appeared some problems day by day, and it can not be well regulated. So it has weakened the Res Judicata system’s utility. Therefore, the author will also put range expansion of the Res Judicata into the study, and affirm the expansion of Res Judicata. In view of our country has not been clearly institutionalize the Res Judicata yet, the author is just from the status quo of Res Judicata, and analyzed the necessity of establishing Res Judicata system in China, and draw the conclusion that we ought to establish the Res Judicata system in our country. We should try to construct the Res Judicata system to make up for absence of the system in our country. Therefore, we can see the theory of Res Judicata and judicial status of the discourse at the present stage of our country is to help our country’s construction of res judicata system" give an antidote against the disease". Thus it radically plays a positive role in constructing of Res Judicata. This article made research on the theory of Res Judicata through the method of value analysis, historical research method, comparative method, and guides our practice by attempting to establish a set of suitable standards for China’s Judicial practice.