On Civil Res Judgment

The theory of civil res judicata is the theory about the end of litigation under the background of the civil law system,and it is also the most important part of the judgment effectiveness system.Its theoretical connotation and degree of practicality are a barometer of the advanced nature of a civil affair litigation system.In recent years,my country's academic circles have had more systematic and rich discussions on the res judicata theory,and it has entered a period of theoretical maturity,but the process of practicalization is not optimistic.Specific obstacles include the shackles of the traditional judicial environment,the lack of the res judicata system,the contradiction between the third party's revocation suit and the retrial system,and the loss of the identification method of the litigation subject in practice.These aspects have affected the institutional transformation of the res judicata theory.The article expounds the basic connotation of res judicata by taking the limits of res judicata as the axis,and on the basis of analyzing the obstacles in its practicalization,from the improvement of the legal environment,the institutionalization of res judicata theory,the limitation of third party revocation and retrial system,and unified From the perspective of the identification standard of litigation subject matter in practice,it is intended to propose an effective path for the practical application of the adjudged theory.