Research On The Expansion Of Res Judicate In The Civil Public Interest Litigaton

As social development to a certain stage of self-regulation means, civil public interest litigation system prevalent in civil law and common law countries. However, due to factors of history and tradition, customary legal and social system, civil public interest litigation for a long time due to the construction of China’s legal vacuum. With the new "Civil Law" and its by-laws and judicial interpretations for the Construction and rich civil public interest litigation system, the legal system is undoubtedly the country in the process of a major breakthrough, marking the establishment of the civil public interest litigation and public interest protected by step a decisive step forward. But at the same time there are also public interest litigation narrow range of issues of res judicata, and therefore expansion of res judicata civil public interest litigation, for the protection of public interest and private interest is significant.Civil Public Interest Litigation and the situation is similar to that of res judicata theory as one of the three basic theories of traditional civil procedure law, has long been caught in the "theory seriously, the legislative contempt, disregard the practice," the embarrassing situation, no doubt difficult to achieve disputes one-time settlement and fair value settled legal pursuit. Under the theory of res judicata placed in the context of civil public interest litigation research analysis, we find that when it comes to non-specific groups in public interest litigation, the expansion of the scope of res judicata highlights its importance for the protection of the public interest. Therefore, the scope of this article res judicata subjective and objective scope, timing and scope of the expansion of civil public interest litigation system fit to the theory of res judicata range perspective on the civil public interest litigation system in-depth study to resolve the civil public interest litigation after judgment is given, for which groups, matters have substantial binding to what extent the disputants act as a "Mediating fight" effect.My article is divided into and focused on the following three parts:The first part is raise questions. By contrast to the traditional theory of res judicata and the civil status of public interest litigation, combined with judicial practice, analyzing the conflict between the two, a civil public interest litigation ought status of res judicata.The second part is to explore the issue. By analyzing the Civil Public Interest Litigation res judicata expansion theory, rational exploration, feasibility and necessity based on the characteristics of civil public interest litigation under expansion from the theoretical dimension of res judicata.The third part is to solve the problem. I proposed the idea of a civil public interest litigation to expand the scope of res judicata. On the one hand combined with the existing legal system, to improve the expansion of res judicata in civil public interest litigation, to make it better used among judicial practice, on the other hand from the civil public interest litigation res judicata subjective, objective, and time to start the expansion to build triple dimension to fully realize its role to protect the public interest.