Research On The Subjective Scope Expansion Of Res Judicata Of Civil Judgment

The theory of res judicata is an important basic theory in Chinese civil litigation.It mainly studies the issue of which people and what matters are bound by civil judgment.It can be divided into the theory of subjective scope of res judicata and the theory of objective scope of res judicata.Among them,the theory of subjective scope of res judicata aims to solve the problem of which people the result of civil judgment acts on,which has strong practical significance.On the one hand,it plays an extremely important role in protecting the interests of both parties of the plaintiff and the defendant as well as the third party in the litigation.On the other hand,it is also conducive to maintaining judicial stability.In the subjective range theory of res judicata,the theory of subjective range expansion is a very important research topic.Following this theory and its value goal,the expansion of the subjective scope of res judicata will help to save judicial resources,improve litigation efficiency and avoid contradictory judgments.However,it is undeniable that there are still some problems in the application of this theory,such as the vague scope of expansion,the inadequate protection of the interests of the third party and so on.The reasons for these problems lie in the imperfect legal provisions of the theory of subjective scope expansion of res judicata and its related theories,and the inconsistency with other basic theories of the civil procedure law.In view of the existing problems,through the further research of the theory of subjective scope expansion of res judicata at home and abroad,combined with the specific national conditions of China,the paper puts forward the improvement countermeasures.Firstly,it introduces three situations in the theory of subjective scope expansion of res judicata: litigation responsibility,specific acceptance and claim subject matter possession.To solve the problem of vague scope expansion caused by imperfect legal provisions,it analyzes the advantages and disadvantages of different theories of subjective scope expansion of res judicata under litigation responsibility and specific acceptance,and perfects the legal provisions of subjective scope expansion of res judicata under claim subject matter possession,thus clearly defining the scope of expansion under different situations.Secondly,regarding the problem that the protection of the interests of the third party is not in place in the subjective scope expansion theory of res judicata,on the basis of referring to the practices of Taiwan region,it is proposed to protect the interests of the third party through pre-guarantee and post-guaranteeprocedures.Finally,aiming at the problem that the theory of group dispute resolution is not perfect,this paper puts forward specific measures to perfect the theory of group dispute resolution,in order to properly solve the problem of subjective range expansion theory of res judicata in our country.