Study On The Objective Scope Of Res Judicata

The objective scope research of res judicata is the theoretical study under the res judicata dimensions. Res judicata basic theory includes, essence theory, basis theory, functional form theory and functional scope theory. The traditional connotation of res judicata objective scope only defines within the text of adjudicate. The judgment items of judgment reasons that be excluded from the res judicata objective scope include fact-finding judgment, prerequisite legal relationship judgment and reexamination abstract legal norms judgment. But the right to set-off defense is an exception, although it is the reasons for judgment, there are legitimate reasons to include it into the objective scope of res judicata. There are different theories for the expansion of res judicata objective scope to judgment reasons. The expansion pattern of res judicata of German theorists includes: Savigny theoretical claims, from the "meaning of Relevance Theory" to "contradiction between expansion theory." The expansion pattern of res judicata of Japanese theorists includes: judgment participating effectiveness expansion theory,issue preclusion validity theory and preclusion theory. The objective scope of res judicata and litigation subject matter theory has close links, the corresponding theory comprises: the old entity law theory of subject of procedure, procedural law theory of subject of procedure, the new entity law theory of subject of procedure.On the chance of providing a direction to the legislation related to civil procedure law through the systematic expounding of res judicata objective scope.