Research On The Scopes Of Res Judicata In The Litigation Of Environmental Public Interest

It is general accepted in our nation that res judicata is the compulsive general force of the determinate sentence to the party and the court in substance. It reflected that after the judgment was determinated,the party should not make another litigation with the same legal relationship which was settled in the judgment,also,the party should not present a claim for the same relationship in another litigation that contradict to this lawsuit,at the same time,the court should not make judgment that contradicted to the fixed content of this sentence. The scope of res judicata of expansion in the Litigation of Environmental Public Interest always in pursuit efficiency with fairness as a value orientation to realize the environmental public interest litigation economy and avoid conflicts judgment procedure value and realize the environment public interest and the real value of right remedy for the victim.On the basis of the traditional litigation theory of res judicata,the subjective scope of res judicata in the Litigation of Environmental Public Interest is between the plaintiff and relative of the defendant;the objective scope of res judicata in the Litigation of Environmental Public Interest,not directly related to the appeal before the appeal ruling party is not bound by a pre-determined facts;The environmental public interest litigation on res judicata time,whether the parties have advocated relationship bound by a final judgment depends on the time when the claim is the fact that the standard.The judicial practice has proved,civil action based on the traditional theory of res judicata do not avoid contradictory judgments,especially for the public welfare litigation and litigation main purpose of diversification,the diversity of environmental public interest litigation even more powerless.lt is not conducive to effective action value,is not conducive to a one-time settlement of disputes,is not conducive to the protection of the interests of the party program.Development of res judicata and the range of litigation practice enrich the environmental litigation to expand the scope of res judieata.Therefore,the effect between litigants knowledge to litigation interest subjects.approved the judge on judgment verdict reason has also being sentenced to force or similar effect,allow the parties based on the unpredictability of the onset of environmental damage lawsuit again in order to achieve the expansion of the environmental public interest litigation range of res judicata. In addition,the paper added in environmental public interest litigation res judicata expansion scenario procedural safeguards,participation in the proceedings by the prosecutor,appropriate restrictions on the disposition of the parties to maintain the legitimacy of the decision of the foundation and raise public environmental public interest litigation in civil credibility of res judicata range expansion.In this paper,avoiding conflicts judgment and safeguarding judicial authority and and improving the efficiency of litigation as the main line.According to the theory of res judicata,analying the environmental civil public interest litigation system as the main task to promote harmonious justice and realize the environmental public interest litigation and achieve the environmental justice public proceedings,the program stability and the efficiency of the legal value of the program. This paper mainly discussed through four parts.The first part is the environmental public interest litigation and res judicata. The basic theory of the environmental public interest litigation and an overview of res judicata to clear their meaning and legal value.The second part is the traditional scope of res judicata in the litigation of Environmental Public Interest.The scope of res judicata in the litigation of Environmental Public Interest to do a detailed analysis and propose the adverse effects of environmental public interest litigation in presence of the particularity of res judicata range.The third part is the feasibility analysis for expansion the scope of res judicata in the environmental public interest litigation.Based on the "program to protect the interests" and "protect the interests of the entity",cxpansion the scope of res judicata in the Litigation of Environmental Public Interest has intrinsic legal value. Res judicata expansion theory and practice of environmental public interest litigation provide a basis for expanding the scope of res judicata in the Litigation of Environmental Public Interest.The fourth part is the scopes expansion of res judicata in the Litigation of Environmental Public Interest.On the basis of the theory of the expanding scope of res judicata through the litigation take-on interest representative lawsuit main body expansion and improvement,given the fact that res judicata and the creation of a pre-determined predictive judgment to overcome the traditional civil action under the environmental civil public interest litigation theory of res judicata arising from a narrow range of issues and improve civil proceedings benefit of the environmental public interest litigation.