Research On The Subjective Scope Of Civil Judgment

Article 247 of the Judicial Interpretation of the Civil Procedure Law of 2015 regulates “repeated prosecution”.The main elements can be regarded as the institutional clues of the subjective scope of the judging power.The judicial interpretation of the Civil Procedure Law has similar meanings.Some scattered provisions are scattered in the civil procedure law and judicial interpretation.These provisions provide a corresponding institutional basis for the study of the subjective scope of the judgment in China.However,China has not established the principle of resilience in the system,so there is a paradox.In the absence of clear principles,the exceptions are prioritized,leading to the impact of exceptions on the principles,and the ambiguity of the subjective scope of the res judicata.It is necessary to conduct an in-depth analysis of the subjective scope of the res judicata and establish the principle of relativity.On the basis of this,the boundaries are clearly defined and the existing norms are refined.Guided by the above ideas,this paper interprets the basic theories and legislative norms of the subjective scope of the judgment,and reflects the current situation of the subjective scope of the judgment in the judicial practice through typical cases in practice,and then proposes perfect suggestions for the existing norms.In addition to the introduction and conclusion,the article is divided into four parts:The first chapter is the theoretical explanation of the subjective scope of judgment.This chapter is devoted to sorting out the basic theories of the subjective scope of the judgment.Firstly,it basically defines the subjective scope of the judgment,mainly through its connotation,basic boundary,and supplemented by the main features to define the legal concept of the subjective scope of the judgment.In principle,it is clear that in principle,the resilience only affects the two parties,thereby embodying the basic status of the principle of resilience.In the normal state,the res judicata cannot be extended to the third party outside the case;in terms of the main characteristics of the subjective scope of the res judging,Mainly from its specificity,legality and procedural safeguards.Secondly,the scope of the relevant scope of the subjective scope of the judgment is discussed,including the subjective scope of the effectiveness of reflection and the subjective scope of participation effectiveness.Through its close relationship with the subjective scope of the judgment,the influence of the two sides on the subjective scope of the judgment is grasped.Finally,it reveals the institutional function of maintaining the judgment authority,improving the efficiency of litigation and protecting the rights and interests of the outsiders.The second chapter is about the institutional investigation and evaluation of the subjective scope of the extraterritorial state.By comparing and analyzing the legislative norms of the subjective scope of Germany,Japan and Taiwan,we sort out the types of subjects that are subject to the subjective scope of the res judicata,and analyze the similarities and differences.On this basis,The normative approach,the "external boundary of the subjective scope of the resilience",the "inside boundary of the subjective scope of the resilience" and the "procedural guarantee of the subjective scope of the resilience" sum up the specific enlightenment of the institutional norms of the subjective scope of the res judicata.The third chapter is about the subjective scope of legislation and practice in China.China's norms embodying the subjective scope of res judicata are very fragmented.On the basis of the systematic induction and combing of these scattered norms,we summarize the main types of subject matter that are subject to the subjective scope of the existing jurisprudence in China's existing norms,and then point out that the existing legislation has the principle of resilience relativity.The subjective scope of the judgment has been fragmented,the external boundary of the subjective scope of the judgment is ambiguous,the subjective scope of the judgment is not sufficiently detailed,and the procedural guarantee of the subjective scope of the judgment is insufficient.In addition,in order to understand the practical status quo of the subjective scope of the res judicata,through the analysis of a certain number of typical cases,it is found that there are excessive ways of adding the executors of the executors in the practice,and the methods of the outsiders are not smooth,and the interpretation of the Civil Procedure Law is 93 Articles have problems with applicable biases,and then analyze the reasons for their existence.The fourth chapter is to improve the proposal of China's system of subjective scope.Guided by the defects of the existing norms of the subjective scope of the resilience and the problems existing in practice,from the standardization method of optimizing the subjective scope of the res judicata,the internal refinement of the existing norms of the judging scope,the external boundary of the subjective scope of the res judicata and the addition of pre-existing The four aspects of procedural safeguards are aimed at perfecting the subjective scope system of res judicata: in terms of normative methods,priority should be given to the principle of resilience of relatives,the subjective scope of resilience of relative concentration and norms;in terms of internal refinement,res judicata and rights and obligations It is internally subdivided according to the circumstances of the person,the res judicata and the person in charge,the res judicata and the possession of the subject matter of the litigation;in terms of external boundaries,in order to avoid the deprivation of other effects,the judgment should be clear that the third party has no independent claim.The effectiveness of a person is a kind of reflexive effect.The effectiveness of a third party who is involved in the validity of the judgment is an effective effect.In the case of ex ante procedural safeguards,pre-emptive measures such as litigation notice,litigation registration,and independent litigation participation should be added.