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Research On The Res Judicata Of Civil Judgment

Posted on:2018-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:F FanFull Text:PDF
GTID:2346330542471688Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The theory of res judicata is an indispensable theory in the civil procedure law.How to identify the objective scope of res judicata is a difficult problem that all the civil law countries face now.In civil law countries and regions represented by Germany,the objective scope of res judicata is restricted to the main part of judgment(object of litigation),which has led to contradictory judgments in some cases.Therefore,German and Japanese scholars have begun to solve this problem.As a result,there has been a wide range of representative theories.In our country res judicata hasnít been regarded for a long time.There have been only some scattered rules in the legislation.In recent years,the discussion about the res judicata and its objective scope increase day by day.However,the research results are still quite not noticeable.In view of this situation,the thesis will explore the essence of the problem of the objective scope of res judicata through comparison in order to offer advice for conception of our res judicata in combination with Chinaís actual situation.This thesis can be divided into four parts except for the preface and the conclusion.The first part is the summary of res judicata.Firstly,the concept of res judicata is interpreted.Then this thesis presents the negative role and the positive role of res judicata.Thirdly,the objective scope of res judicata is analyzed.This part aims to lay the groundwork to the following discussion of the objective scope of res judicata.The second part is about the traditional objective scope of res judicata.This part can be divided into three parts.The first part points out that for civil law countries such as Germany the objective scope of res judicata is restricted to the main part of judgment(the object of litigation),which as a result has excluded the res judicata of the judgment reason.And then the author explains the reason why res judicata doesnít reach the reason of judgment.At last,it is point out,that the objective scope of res judicata being restricted only to the main part of judgment(object of litigation)may lead to contradictory judgments in some cases.The third part interprets the different solutions of the problem.In order to solve this problem,German and Japanese scholars have put forward different theories.This article introduces and analyses several typical theories.The fourth part introduces the establishment of the objective scope of res judicata in China.First of all,this part analyses the deficiency in understanding the res judicata of Chinese civil procedure law.On this basis,the author analyses the necessity and feasibility of the legislation for res judicata in China.Lastly,the objective scope of res judicata in China is analyzed by comparison with the German law and the advice for Chinaís legislation is provided.
Keywords/Search Tags:the objective scope of res judicata, object of litigation, reason of judgment, repeated prosecution
PDF Full Text Request
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