The Expansion Of Subjective Range Of Res Judicata At The Moment Of The Specific Succeeding

In today’s rapid economic development situation, the frequency of transactions increased. Goods in society in continuous circulation, in which, in many litigation of the parties to the litigation rights and obligations of the transferred to the third party, litigation rights and obligations of the people the rights and obligations transferred to the third person behavior is also called the particular succession. After the occurrence of a specific, will be added to the third party had only two parties in the proceedings, so that it can not lead to the subjective scope of the expansion of res. In China’s civil procedure law for adjudged force expanding of the subjective scope of problems yet involved, but in China in 2015 the new promulgated "the Supreme People’s Court on shall apply to the the People’s Republic of China Civil Procedure Law of the interpretation" of article 249,250 this problem responded. In the interpretation of the new civil procedure law article 249 shows that China’s civil procedure law to treat specific following by res subjective scope expansion of adhering to the constant position of adversary, adjudged force expansion extends to the assignee; in another aspect of the new civil procedure law interpretation of relevant provisions in Article 25 also shows my country in the light of the problem of support in some cases should apply the litigation succeeding doctrine. Although a certain extent solve the legislation for the blank of subjective scope expansion of res judicata. But unfortunately, the new judicial interpretation is still somewhat rough, in some specific adjudged force expansion does not make provisions for the new civil procedure law interpretation, such as no clear when specific succession following by well intentioned people obtain the right to res judicata could expand; specific succession following ginseng and procedure and specific inherited by the following personnel before program safeguards has not made the corresponding provisions.This paper in the full research and study at home and abroad related to specific after being adjudged force of the expanding of the subjective scope of research results based on, based on the particular succession and adjudged force of the expanding of the subjective scope of the basic theory of understanding from the perspective of comparative law, to tease out the privy forever principle and litigation succeeding Lord Justice adjudged force of the expanding of the subjective scope of their respective advantages and disadvantages, on this basis, through study of extraterritorial legislation pertaining to a specific procedure followed by the adjudged force of the expanding of the subjective scope of legislative provisions, combinedwith the actual situation in our country, hope to perfect our country law for specific reception when adjudged force of the expanding of the subjective scope of the provisions of.This paper is divided into four parts. Part one:an overview of the extension of the subjective scope of the subjective scope of the particular following. This part first discusses the specific following, res judicata and the concept of subjective scope of res judicata, then this part discusses the res subjective scope expansion, both sentenced to force on the expansion of the subjective scope mainly from three aspects, one is the considerations from the procedural value, the second is the theory of the benefit of litigation from consideration, and the third is the litigant elements of loose. The second part: in response to a particular following by strategy of force of the expanding of the subjective scope of res judicata, this part studied party unchangeable theory and litigation succeeding doctrine. Through the comparative study, the two concepts of the concept, the reasons, combing out the similarities and differences between the two kinds of. The third part:the study of the foreign law of the subjective scope expansion of the specific subject of the following. The effects of foreign countries to deal with specific following by subjective adjudged force in the expansion of the scope of the provisions, understand foreign countries for a particular succession following by well intentioned people obtain the right to res judicata can expansion, specific succession following by specific program participation and beforehand procedure safeguard measures through the research. The fourth part:the legislative situation and improvement of the subjective scope expansion of the subjective scope of res. Discusses the current "Civil Procedure Law" and "the interpretation of the new civil procedure law" in the new civil procedure law in the specific following in the subjective scope of the expansion of the subjective scope of the problem. Through the overseas provisions on the relevant issues, and further improve the legislation of our country.