Study On The System Of Civil Res Judicata

Res Judicata is the important content of the civil law of civil procedural law.Res Judicata,Actio and object of action are seen as three of the basic theory of civil litigation.Represented by Germany,,Japan and other continental law system countries has been formed its theoretical achievements of system.Although common law system countries have no complete theory of Res Judicata,they did not ignore the binding effect of final judgment of the important status in the civil action.Nowadays,most countries have codified Res Judicata system to the statutes,Except for our country.Domestic scholars started to research Res Judicata relatively late,and thought that we did not need Res Judicata system in our country in the first place.But as research continues,the research of Res Judicata system has been booming unprecedented,because scholars are gradually aware of the indispensable of res Judicata system as the the "end" of the civil procedure.However,Res Judicata system is shelved in judicial practice and ignored in the process of legislation.It is surprised that trial supervision procedure continue the directive of error recovery for seeking truth from facts.Res Judicata do not only reflect the authority of law,stability,but also helps to form the social public identification of the procedural justice.In this paper,writer use the meaning of "Res Judicata" as the breakthrough point to expound the scholars' understanding of various countries in the world,including Chinese.Then we find the understanding of Res Judicata in our country has lagged.Realizing the importance of the Res Judicata system after the comparative analysis of he formation of Res Judicata and foreign countries' development.We clear the cause of deletion of Res Judicata during the judicial practice in our country after analyzing.The writer thinks our civil procedure system needs to build Res Judicata system.The establishment of idea and the establishment of specific rules are all crucial to the construction of res Judicata system in our country.To emphasize the unification and balance between specific rules and fundamental philosophy.China's current conditions meet the requirements of construction of Res Judicata system.We have fundament and urgency to build basic Res Judicata system.The most direct embodiment of Res Judicata system is in the trial supervision procedure.Writer propositions that we should build the trial supervision procedure with the centre of Res Judicata in order to have a positive role.