On The Res Judicata Of Civil Mediation Document In Lawsuit

In our country,civil mediation in lawsuit is frequently used and there are many articles research it.Articles which study the effectiveness of civil mediation in lawsuit are not only few,but also stay in the shallow layer.For such a widely applicable system,we should study its effectiveness.The studying of the Res judicata of civil mediation in lawsuit have not only theoretical significance,which expand the form of law instruments of res judicata,but also has its practical significances,which could provide some reference to the substantive departments for understanding and using mediation system.In this article,after fully studying and absorbing the existing basic theory,especially the theory of res judicata,I tried to do a more in-depth study of res judicata of civil mediation in lawsuit.In this article,I use methods of comparative analysis and value analysis,to describe the basic theory of civil mediation,to explain why we should endow the mediation document with res judicata,to study the role of res judicata of civil mediation document,to discourse the subjective range,the time range and the objective of the res judicata of civil mediation document in lawsuit.Finally,I discuss how to improve the civil mediation in lawsuit in the perspective of the res judicata of it.The main content of this article was divided into four parts,the main content is as follows:Part one,the basic theory of civil mediation in lawsuit.Firstly,I define the concept of civil mediation in lawsuit,and make clear its several characteristics.secondly,I introduce the doctrines of nature of the civil mediation in lawsuit,and it should be a proceedings behavior.Thirdly,a brief description of the effectiveness of civil mediation document in lawsuit,in our country,it should be endowed with res judicata.Finally,describing the difference between the civil mediation system and civil judgment.Part two,Discussion on the theory of endowing res judicata to civil mediation in lawsuit.Firstly,I discourse the nature of res judicata,Then,I proof the res judicata of civil mediation document in lawsuit in accordance with the nature of res judicata.Finally,I demonstrated detailed the legitimacy of endowing res judicata with civil mediation document in lawsuit from the perspective of society,the court and the parties.Part three,the role of res judicata of civil mediation document in lawsuit.This part includes four aspects.First aspect,overview of role of res judicata of civil mediation document in lawsuit.This aspect introduce the role of res judicata of civil mediation in lawsuit at avoiding repeated disputes and preventing the court from making contradictory judgments,discourse the role morphology of civil mediation document in lawsuit,the doctrines of bis in idem and binding force reveal the role of res judicata from negative and positive aspects,this article argues that the two aspects can not be biased,which make the role of civil mediation document in lawsuit perfect through joint cation,we can not really understand res judicata and make it completely useful only from a particular aspect.Second aspect,the subjective range of res judicata of civil mediation document in lawsuit,firstly,starting from introducing the doctrines of subject matter of litigation,I analysis the subject matter of litigation of civil mediation document in lawsuit,make clear two considerations in defining subject matter of litigation of civil mediation document in lawsuit,then this part discourse how to determine the subject matter of litigation of civil mediation document in lawsuit,I explicitly put forward that we should adjust case acceptance fee in subject matter of litigation of civil mediation document in lawsuit.Finally,I discuss certain specific circumstances combining with the existing legal provisions.Third aspect,time range of res judicata of civil mediation document in lawsuit.Determining the time when parties sign the mediation agreement as the basis point in time of res judicata of civil mediation document.Fourth aspect,objective of the res judicata of civil mediation document in lawsuit.Advocating that the res judicata only constraint the mediation parties under normal circumstances,however,res judicata should constraint the specific third party for more completely resolving disputes and maintaining the stability of the Private Law,with analysis certain specific circumstances of expansion.Part four,relationship between res judicata of civil mediation and the reform of civil mediation system.In this party I ponder how to reform the civil mediation system from the perspective of res judicata of civil mediation document in lawsuit.We could reform it from protecting the program options and physical right to dispose,and regulating the behavior of judges in the mediation proceedings,and perfecting mediation retrial for civil mediation document.