Civil Expand The Scope And Objective Judgment Of Res Judicata

The theory of res judicator is considered with the litigation purpose theory, value theory, this theory, litigation theory as well as the burden of proof on the equally important basic theory. Therefore, remarkable res judicator theory position in the civil procedure law. The important position of res judicator can settle disputes based on is the lawsuit end point, and make the civil judgment is final and authoritative. However, in the civil trial practice, contradictory verdicts, delay of cases, case it not have occurred from time to time. In this regard, we can not help but to the res judicator of ontology (role) the scope of review, the objective scope of res judicator expansion system is the important system to put forward in this relationship between the dilemmas from the trial effect level to coordinate the internal relations of different cases, case. The requirement is, res judicator should not only have the function of litigation, but also have a certain binding force on the grounds of decision, or is similar to the binding force of res judicator. Because of our country’s civil procedure theory on the objective scope of res judicator expansion problem is still scarce. The author through the analysis and study of foreign research results, draw beneficial nutrients, combined with China’s judicial status and puts forward some ideas and suggestions on how to establish a suitable for China’s national conditions of the objective scope of res judicator expansion system.