On Expansion Of The Subjective Scope Of The Res Judicata About The Subject Matter Right Change In The Litigation Process

Due to the rapid development of social economy, trading becomes more frequent, as that the situation which is litigant to transfer the object in pending suits is constantly emerging.In this case, the different influences have been impacted by the different national legal regime for expansion of subjective scope of res judicata. Nowadays, there are two different viewpoints to the principle of the invariability of parties and suit acceding principle in theory.In the principle of the invariability of parties, the successor do not participate in litigation, but should be expanded and being sentenced as res judicata; in addition, under the suit acceding principle, judgment of res judicata should include the successor, because this kind of people bear the litigation instead of the original party(the transferor). Treat such litigation in our country, however, for the expansion of subjective scope of res judicata, the current "civil procedure law" did not make specific rules to practice in the handling of such problems, there is little research as well. Although, some relevant provisions, which admitted the position of the invariable principle of parties and expansion and being sentenced to force to the transferee, be made by the latest judicial interpretation of article 249, article 250 in the existing civil procedure law, it is not clear whether res judicata should expand and sentence for the successor who are acquisition in good faith. At the same time, the suit acceding principle will be applied in some conditions which are allowed by the judicial interpretation.This article analyses and evaluates the invariability of party doctrine and litigation inherited doctrine, from the perspective of comparative law, both carding clear their strengths and weaknesses in the expansion of the subjective scope of res judicata, which based on one main line that is the Extension of the Subjective Scope of Res Judicata of the change of the right regarding the object in pending suits. Additionally, the researcher considered the specific national conditions of China, and to seek the appropriate legislative model and give some suggestions for China’s judicature.There are four parts. Firstly, it is the summaries of the right regarding the object in pending suits to change. In this part, Dispute lawsuit concept of legal action shall be defined, and to list the situations of the change of the right, and the solution of the problem which are two kinds of legislative mode, namely the principle of the invariability of parties and suit acceding principle, will be led to. Secondly, details of the two kinds of legislative mode are explained, and the writer also compared the both principles to evaluate those advantages and disadvantages. Moreover, the third part is the outside investigation. By extraterritorial visit to look for other countries how to deal with the problem of the change of the right regarding the object in pending suits in the expansion of the subjective scope of res judicata, especially whether the res judicata expand the in good faith successors, from tow aspects which are the substantive law in good faith and double goodwill to analyze. Second, about the dispute in the litigation system in China things right change on the subjective scope of res judicata is expansion of legislative oversight and sorted out the judicial practice, highlighting the problem. Furthermore, any dispute in the fourth part, the condition of the legislation and its perfection are indicated. First of all, this part emphasized the kind of problems of China though assessing the omission of legislation and the juridical practice for change of the Right Regarding the Object in Pending Suits and Extension of the Subjective Scope of Res Judicata. Then the evaluation of the above parties constant and suit the successors of socialism, to draw lessons from and complement each other, and in combination with the latest judicial interpretation of the related regulations which is part in the civil procedure law of China, to explore the legislative system that accord with Chinese national conditions. Finally, in the conclusion, the points of this paper had been summed up.