On The Subjective Scope Of Res Judicata Of Civil Judgement

Because of the influence of Chinese historical tradition,lawsuit concept,the study of res judicata is relatively weak in our country.The civil procedure law also does not have the meaning of the res judicata.In practice,it can only according to “The case can only trial at a time” to deal with.But res judicata occupies an important position in civil litigation theory,not only related to the important academic theory,but also inevitable in the judicial practice.It is not only beneficial to the judicial order but also have efficient allocation of judicial resources.It has a close relationship between the entity rights and litigation rights.The subjective scope of res judicata is sentenced to force for what people,its statutory,specificity,and program affordable.The theory of subjective scope of res judicata is to protect the legitimate rights,the interests of the parties and the third person from unjust judge.It is important to safeguard judicial authority and realize judicial justice.It is also important to theoretical and realistic.With the mature of the market economy,the market main body diversified characteristics,complex economic relations and increasing social relations.In some cases,some people have connection with the parties also be concerned.It may also be restricted because of res judicata,then the res judicata expand.This article start from the basic problem of subjective scope of res judicata,studied the subjective scope of res judicata: First,the relationship between subjective scope of res judicata theory and civil retrial procedure;Second,the subjective scope of res judicata in other countries;Third,the subjective expansion of res judicata.In the expansion of subjective scope of res judicata chapter,combining the theory of the current hot spots,request from litigation take-on,the particular possessor and put forward the suggestions.The writer hopes to help the theory research in China.