The Doctrine Of Issue Preclusion In Civil Procedural Law Of The United States And Its Value For Reference

The doctrine of claim preclusion and the doctrine of issue preclusion arecomposed of the theory of res judicata. The doctrine of issue preclusion originatedfrom the rule of estoppel in old Germanic, then introduced into England later, andBritish colonists take it into United States, its established and developed accompanywith the victory of the American Revolutionary War and the establishment andperfection of legal system. The rule of issue preclusion means that a party may notrelitigate the same issue that was actually litigated and determined and was essentialto the judgment rendered. The rule of issue preclusion was as a role rule in civilprocedure of America, it be used extensively and flexibly to avoid conflicts, toimprove the efficiency of the proceedings, to reduce the waste of resources andmaintain the stability of litigation judicial. This thesis through research theconnotation and the course of history of the doctrine of issue preclusion, its influenceto other countries and other regions, and its running state in United States, combinewith the development of the theory of res judicata in China at the same time, Analysisthe necessity, feasibility and obstacles if introduce the doctrine of issue preclusion tochina. The author thinks that want to build our the doctrine of issue preclusionsystems in a short time is very difficult and is also not realistic. The rational thing thata cumulative and step-by-step is viable and sensible choice for china to build its ownissue preclusion system. And it needs us to make Strict and detailed regulations issuerule in our operation of the applicable elements, exceptions and special applicable,and with the corresponding procedure guarantee.