The Study Of Subjective Range Of Res Judicata In Legal Litigation Executive

Res Judicata is taking an important position in Civil Procedure Law,in which the subjective range is the key and difficult points of the study.And in the case of Litigation Executive,often with the expansion of the subjective range of Res Judicata taking place.To the Arbitrary Litigation Executive,there is no problem to bring the Be Bear People into subjective range of Res Judicata,because unexpected inheritance’s right of litigation implementation authorized by the Be Bear People.But to Legal Litigation Executive,for unexpected inheritance’s right of litigation implementation comes from requirement of law,Res Judicata whether expand to the Be Bear People and people’s position as the unexpected inheritance(such as the majority of creditors,other owners,other shareholders),which with big dispute occurring.Clarifying the subjective range of Res Judicata in Legal Litigation Executive will make a big difference in theory and practice.In View of this,this article thinks it is essential to probe into the Legal Litigation Executive and its subjective range of Res Judicata deeply.This article besides the introduction and the conclusion,the main text altogether divides into four parts:Part I:the basic principle of Legal Litigation Executive.This part aims at combing the rated basic principle of Legal Litigation Executive,thus making preparations for exploring the subjective range of Res Judicata in Legal Litigation Executive in the section below.Litigation Executive is the state that the entity rights and obligations’ owner different from litigation implementation’ owner,to which conception of the Form Parties and the right of litigation implementation are very important.Under the precondition,this part also analyses the conception of Legal Litigation Executive profoundly and puts forward that different classifications about Legal Litigation Executive will produce different effects on affirming the subjective range of Res Judicata.Part II:the subjective range of Res Judicata in Legal Litigation Executive.After analyzing the relativity of subjective range of Res Judicata in Legal Litigation Executive briefly,this article will put special stress on discussing the expansionary of subjective range of Res Judicata.Concerning whether the Be Bear People are in the range of subjective range of Res Judicata,there are theory about overall expansion,one-sided expansion and negative expansion in dispute.And regarding to whether people whose position as the unexpected inheritance are in the range of subjective range of Res Judicata,there are theory about shared interests,reflection effect and overall expansion at issue.From the point of necessity,that is the idea of disputes thoroughly solved,this article claims that the Be Bear People and people’s position as the unexpected inheritance are in the range of subjective range of Res Judicata.This article also combs many sorts of circumstances about Legal Litigation Executive to the best ability and their subjective range of Res Judicata.Part Ⅲ:the legitimacy of expansion of subjective range of Res Judicata in Legal Litigation Executive.From the point of legitimacy,this part proceeds from the idea of procedure guarantee and demonstrates that it is reasonable to expand Res Judicata to the Be Bear People and people’s position as the unexpected inheritance.Then the article further suggests the idea of disputes thoroughly solved and procedure guarantee together as the basis to determine the subjective range of Res Judicata.On the new theory of procedure guarantee in Taiwan,this article analyses the prior procedure guarantee and ex post procedure guarantee the Be Bear People and people’s position as the unexpected inheritance should have.And between authority notice and litigation told,between the third revocation of litigation and the expansion of the plaintiff’s fitness of retrial lawsuit,the author will make a selection.At last,reconsidering the third person system,the article thinks the system of third person,particularly the system of no independent claim to the third person has the inherent drawbacks that one-sided pursuit disputes thoroughly solved and ignoring procedure guarantee.Part Ⅳ:the intersection between subjective range of Res Judicata and subjective range of Execution in Legal Litigation Executive.Generally thinking,Res Judicata and Execution are on intimate terms with each other,so solving the problem of subjective range of Res Judicata,the subjective range of Execution is naturally able to identify.However,from the view of specificity in Legal Litigation Executive,it is worth considering in depth ascertaining the subjective range of Res Judicata whether means to solve the problem of subjective range of Execution.By investigating the related law in some civil law countries and areas,combining with the related principles of civil law,this article thinks Execution should expand to the Be Bear People.Then whether Execution expand to people’s position as the unexpected inheritance should depend on different circumstances.