The Doctrine Of Claim Preclusion In Civil Procedural Law Of The United States

The doctrine of claim preclusion and the doctrine of issue preclusion are composed of the theory of res judicata. The doctrine of claim preclusion originated in Roman Merger theory and Bar Theory, and introduced to the UK, then brought into the United States by British colonists. It established itself and got developed with the victory of the American Independent war and the establishment and perfection of the legal system. Civil Request Exclusionary refers to that the litigant and interested party are not only constrained by the proposed & recognized requests, but the requests that are identified to be put forward, though not proposed when a court entitled of judicial jurisdiction entered the final stage of judicial process. Once the court that has jurisdiction made the decision, the suit is annulled.The parties can’t sue again for any reason, unless the sentence’s wrong or invalid. Request Exclusionary does not allow those parties who failed in previous suit make a second lawsuit filed on the same request. Similarly, the parties can not put forward requests that have been decided in a previous case in the subsequent lawsuit. In addition, the requests that should be put forward in the previous lawsuit will be ruled out in the subsequent lawsuit. As the core of American civil procedure rules, Request Exclusionary Rule is broadly and flexibly used, among the decision effect related rules of American civil procedure. It played an active role in avoiding contradictory judgments, increasing litigation efficiency, reducing litigation resource waste and maintaining the stability of the judicial.This article analyses the necessity and feasibility of introducing Request Exclusionary Rule, through study to the connotation of the United States’Request of the Elimination rule, and its operation state in the United States, at the same time, combining with the theory of res judicata system development situation in our country, consequently getting the result that it is difficult and impractical to build eliminating rules of request in a short time. The rational way is to comprehensively learn the theoretical knowledge through further study of the American Request Exclusionary Rule and its related system, and gradually build up the idea of eliminating rules of request in our judicial workers, make strict and detailed regulations defining the applicable elements, exceptional case in implementing the rule in China, supplemented by the corresponding institutional guarantee, so as to achieve the goal of building up Request Exclusionary Rule.