On The Subjective Scope Of Res Judicata Of Litigation Succeeding

In the litigation dependency of civil action,the act of which proper plaintiff transfer its law relationship to the irrelevant third party?successor?is usually called litigation succeeding.In retrospect of relative civil act and civil action,it was strictly banned during Rome law time,and there was stage that it allowed to transfer and law suit died,and then today's client eternally-fixed doctrine and litigation succeeding,during which litigation dependency and dispute entity's legal relationship transference experienced the process of being banned and allowed,finally being improved.As our domestic market economy constantly develops,personal transaction become more and more frequent,and progressively ways of transaction is bringing new challenge to completing the laws making and regulation design of Civil Action Law.As the typical representative of client eternally-fixed doctrine,Germany lawsuit law is mainly to guarantee both parties'procedural law right.Furthermore,how to define the criterion of res judicata to successor has become an important problem in civil action law.As the typical representative of litigation succeeding,the law of Japan‘s main purpose is to protect the profit of successor.If successor take part in litigation dependency directly on his own behalf,res judicata will influence himself for sure.In item 249 and item 250 of Supreme Court's Explanation about Civil Action Law of PRC that took effect in 4^th,Feb,2015,there is content focusing on client eternally-fixed doctrine mode and made up with litigation succeeding under certain condition.But at present the two law making mode are not given specific law-making-regulation in our current civil action,and there's no systemic system for these kind of effect of res judicata,and besides,there lies some drawbacks in judicial practice.Chapter one is the general description of the base theory on litigation succeeding,namely defining the base concept of it,and the dividing the type of it as well as defining subjective criterion of litigation succeeding res judicata.The second chapter is through extraterritorial research,namely comparing client eternally-fixed doctrine and litigation succeeding's advantage and disadvantage.On the base of two modes,the article analyzes the advantage and disadvantage of both,and studies German Case and Janpanese Case respectively.Chapter three is about criterion of litigation succeeding res judicata of litigation dependency domestic situation research and regulation improvement.The article analyzed judicial condition of domestic civil action's litigation succeeding.Chapter four,Under different mode,regulation design of subjective criterion of litigation succeeding res judicata is improved;namely our suggestion is that client eternally-fixed is the main part,mended by litigation succeeding.In combination with China's new explanation of Civil Action Law,subjective criterion of litigation succeeding res judicata's effectiveness will be further explained.Aiming at successor's legal right,it will render him the procedure grantee right and corresponding way of relief.