Japan's System Of Civil Res Judicata And Its Enlightenment To China

Res judicata refers to determining the versatility and binding force of a sentence.Once the judgment is determined,it is inevitable that the result of judgment cannot be overturned by objections such as appeal(formal determinative force),nor can the content of the verdict be re-debated by means of new lawsuit.Determining the judgment to fix the case result in such a way that the content of the sentence is used as a benchmark for adjusting the relationship between the parties.As an important part of the civil procedure system,the theory of res judicata has always been valued by scholars all over the world,and a series of questions about res judicata will be discussed in various ways.It is concerned with what is the binding force and the versatility of res judicata(Essence Theory),and why the parties are bound by res judicata(Basis Theory).The significance of the res judicata in the procedural law(Action theory)and a series of issues such as the time limit,the objective scope,and the subjective scope of the res judicata.This paper focuses on the above issues,combined with the existing cases of the Japanese courts,to elaborate and discuss the current Japanese the theory of civil res judicata system.This paper consists three chapters.The first chapter is the basic jurisprudence of the Japanese civil res judicata system.It is divided into three sections to discuss the essence theory,the basis andthe theory of Japanese civil res judicata.In particular,it analyzes the substantive law theory,the procedure law theory,the new procedure law theory of the essence theory of res judicata,and right existence of theory particular to Japan.In the role of the Japanese civil res judicata,it focuses on the relationship between “Ne Bis In Idem”and res judicata,and introduces the legal basis and a common understanding of “Ne Bis In Idem” in Japanese academic circles.The second chapter is the sphere of action and enlargement of Japanese civil res judicata.This chapter is divided into three sections to elaborate the time limit,objective scope and subjective scope of Japanese civil res judicata.Among them,for the purpose of the time limit of the Japanese civil res judicata,article 35,paragraphs2 of the Japanese Civil Execution Actstipulatesthat “the objection to the determinate sentence is limited to the cause in fact of the end of the oral argument.” In other words,before the standard time,the fact that the parties can claim but they have not claim can not be advocated in the post-litigation.It can be seen from this,the former referee formed res judicata at the end of oral argument of the fact retrial.The time limit of res judicata also called as standard time.Concerning the exercise of the right of formation after the standard time,the paper takes the rent change right of claim as an example to analysis the difference of time-point theory and period theory in result and effectiveness through the case of the Supreme Court of Japan.The issue discussed in the objective scope of Japanese civil res judicata is about“The verdict is produced through a large number of judgments of the court,so which judgments of the court producing res judicata is the objective scope of the argument”.According to article 114,item 1 of the Japanese Civil Procedure Law,the objective scope of the res judicata is limited to “the content contained in the main body of the judgment.” In the determination of the judgment,the so-called “content contained in the main body of the judgment” refers to the judgment of the court on the existence or non-existence of the rights and obligations of the claim.The objective scope of the res judicata does not include the reasons for the judgment.The paper analyzes why the judgment reason does not produce the res judicata.Offset plea,as an exception to the object scope of res judicata,article 114,items 2 of the JapaneseCivil Procedure Law stipulates,when the defendant put forward offset plea and the court makes judgement to the effeteness,when the court of former proceedings made a judgment against the right of private creditors(active credit)that does not exist,whether it generates res judicata nor not.Finally,it lists the related cases of the Supreme Court of Japan on the binding force of the principle of good faith in the objective scope of res judicata,and discusses the shrinkage limit of the objective scope of res judicata and future development trends.In the subjective scope of Japanese civil res judicata,it briefly describes the principle of the relative solution of the theory of res judicata,and enlargement of res judicata to successors.The enlargement of res judicata to undertaken-person,article115,paragraph 1,items 2 of the Japanese Civil Procedure Law stipulates,when a party becomes a plaintiff or defendant in a lawsuit because the other person(undertaken-person),the scope of res judicata will extend to the undertaken-person,that is,when lawsuit have the undertaking,the res judicata is accepted by the litigation undertaker as litigant,which is also accepted by undertaken-person.The enlargement of res judicata to successor,article 115,paragraph 1,items 2 of Japanese Civil Procedure Law stipulates that the effectiveness of the res judicata has an effect on the litigant or the successor of undertaken-person.It discusses the basis of the enlargement of res judicata and the consequences if it not expand to the third person.The third chapter is the enlightenment of Japan's civil res judicata system to China.It analyzes the existing system in China in two sections,and discusses how to apply to the existing laws of our country in a better way and explores practical legislative models in legislation.The first section analyzes the relevant provisions of article 124 and 155 of the Civil Procedure Law of China and article 247 of the Applying the Interpretations on the Application of the Civil Procedure Law of the People's Republic of China of the Supreme People's Court.In particular,the paper puts forward its views on how to understand and apply the abstract terms appearing in the current legislation to practice and explore a perfect way for future.The second section analyzes the legislative enlightenment of Japan's res judicata system to improve that of China.On account of judgment reason appearing in the currentpractice forms a restraint to the post-litigation,it compare with that of Japan and explains the current development trends in Japan and what China can learn from that.The reason why res judicata exists in the procedural law,in other words,the procedural law needs a system of res judicata.It is not only res judicata is a full stop of the civil procedural law system,but also it can effectively stop the recurrence of disputes and make all the procedures in the proceedings meaningful.Therefore,the system of res judicata is an indispensable part of the civil procedure law.