An Analysis Of The Time Boundary Of Res Judicata

The validity scope of res judicata is generally judged from the three dimensions of object,subject and time.At present,scholars in our country have relatively deep research on the object scope and subject scope of res judicata,and the research on the time range of res judicata is less.The time range of res judicata refers to the question of determining the moment at which the dec ision is based on the object of action as determined,and thus the binding force of the suit.The scope of the force of res judicata is generally considered to be based on the subject of litigation,that is,the civil legal relationship of dispute.But civ il legal relations,even civil litigation relations,are likely to change constantly due to the change of civil legal relationship.Therefore,to determine a point in time,will continue to change the civil legal relationship at a fixed point in time,to t he point in time civil legal relationship as the basis for the scope of the force of res judicata is particularly important.In-depth study of the time range of res judicata helps to clarify the scope of the effect of res judicata,and it is important to regulate litigation,reduce the cost of litigation,ensure the uniformity of judicial decisions and maintain judicial authority.This paper attempts to define the concept of the time range of res judicata,and discuss the value orientation behind the theory.And through rationally determine the time range of res judicata to form a rational system of norms,so as to effectively play its guiding role in judicial practice.This is undoubtedly of great significance to the systematic construction of the theory of res judicata in civil litigation in China.