Research The Res Judicataof Divorce Judgment

Res judicata is a very complicated and profound theory, res judicata is from civillaw countries to China and civil law countries almost admit res judicata. Res judicatathat is a case has be judged after the court hearing will have restrict to the litigants, thecourts and the subject matter of litigation. The common view hold that res judicata isdivided into three parts, they are the scope of res judicata’s subjective, the scope of resjudicata’s objective and the scope of res judicata’s effectiveness. The scope of resjudicata’s subjective means that res judicata effect in which subjects; the scope of resjudicata’s objective means that res judicata effect on which target; res judicata’seffectiveness means that res judicata effect on a particular subject. A party of thecouple litigates to the court to the marriage problems and related problems whichcannot have a deal. The couple requires the court to make adjudication. It will putsome intellections about the res judicata of divorce judgment, through discourse theres judicata of divorce judgment.This paper have a total of five chapters, the main contents are as follows: Thefirst chapter discuss the overview of the divorce judgment, China’s civil judgmentsconcept of res judicata, the aspects of res judicata of China’s civil judgment. Its theoryis to do an overview and theoretical discussion of res judicata and the divorcejudgment. The second chapter introduces the scope of res judicata’s subjective ofdivorce judgment. The Identity relationship of the divorce judgment of res judicata’ssubjective, the property relation of the divorce judgment of res judicata’s subjectiveand the raising children relationship of the divorce judgment of res judicata’ssubjective. It aims to introduce that how the effect of res judicata to act on the divorceproceedings litigant. The third chapter introduces the objective scope of res judicata’sobjective of the divorce judgment. Introduce separately the Identity relationship of thedivorce judgment of res judicata’s objective, the property relation of the divorcejudgment of res judicata’s objective and the raising children relationship of thedivorce judgment of res judicata’s objective. The intention is clear the effectivenesswhich is the subject matter litigation of divorce proceedings. The forth chapter introduces determine of Res judicata’s effect, the absoluteness and relativity of Resjudicata’s effect. It is intended to sum up the res judicata’s effect of divorce judgmentin a variety of situations. The fifth Chapter focuses on the defective divorce judgment,the res judicata of relief procedure of divorce judgment are the retrial procedure andthe revoke litigation from the third certain person.