Research On The Legitimacy To Expand The Subjective Range Of Res Judicata

According to the res judicata theory of relativity and principles of the debate, the subjective scope of res judicata is only in opposing parties to an action. The res judicata has no binding force to the third person. It is only generating between the parties to a dispute. When it comes to the main body of the dispute, as a result of the relativity is limited, it can easily lead to contradictory judgments and confused substantive law order, so it eventually can’t resolve final dispute. In order to settle dispute, avoid contradictions judgment and enlarge the function of the litigation system, we need to expand res judicata to outsider who is related to the parties. But as res judicata functions on specific outsiders who do not participate in litigation, it deprives his jurisdiction and violates procedure guarantee legal, ignores the rights and interests of outsider. In order to avoid the problem, we should endow both ex ante and ex post procedural safeguards to outsider. So the expansion of res judicata to outsider is legitimate. According to the procedure guarantee and self responsibility, it can look forward to outsider surrender of the constraints of res judicata.The first part of paper introduces the case, through that we can sort out the focus of dispute and conclusion in different ideas. The second part is the guarantee’s function of the entity and its influence on litigation. Through the discussion of substantive law and the expansion of subjective scope of res judicata, it closes their logic relations. The third part is the related theory of res judicata. On the basis of understanding the necessity and feasibility of expansion of res judicata and the guarantee of substantive law function of litigation, the two aspects of procedural law and substantive law requires expansion of res judicata to enlarge the function of lawsuit system of dispute resolution. But it does not simply pursuit the dispute resolution through sacrificing the parties’ rights and interests. It exist tensions between procedure safeguards and dispute resolve, so it needs us construct the theory, which requires giving an outsider both ex ante and ex post sufficient procedure safeguards. Giving an outsider participation opportunity, it expands the subjective scope of res judicata and gives consideration to both fairness and efficiency. The fourth part review the case, by the analysis of case we get processing conclusion and proper disposal that under the perspective of expansion of res judicata. After the fifth part, the expansion of subjective scope of res judicata in the guarantee contract disputes is typed analysis, to solve the problem of expansion of res judicata.