Research On The Judicial Application Of The Obliged Clause

Article 69 of the Interpretation of the Supreme People’s Court on the Application of the "Administrative Litigation Law of the People’s Republic of China"(hereinafter referred to as the "Law of the People’s Republic of China")stipulates the circumstances of dismissal of a lawsuit,the ninth item is "the subject matter of the lawsuit has been bound by the effective judgment or mediation document".As a clause related to res judgment,this clause has not got much attention,and there is also confusion in judicial application.The res judgment of an administrative judgment not only directly indicates the intensity of a country’s judicial review,but also to a large extent represents the actual level of a country’s administrative legalization.Therefore,it is significant to study the issue of the subject matter of litigation has been restrained based on Article 69,Item 9 of the Interpretation of Actions.The first chapter mainly starts with the normative clause that the subject of litigation has been restrained,and introduces the origin of this clause.On the basis of clarifying the different effects of administrative litigation judgments,it is clear that the theoretical basis of this clause is the negative effect of res judicata.And it expounds the normative value of this clause from three aspects: party,judicial and administrative.The second chapter analyzes 238 judgment documents related to the clause that the subject of the lawsuit has been restrained.Based on the overall introduction of the case,it sorts out the determination of the clause in judicial practice.The identification of the subject matter that has been restrained presents a chaotic situation,which can be mainly divided into a single identification element mode and a multiple identification element mode.In each identification mode,the identification methods of different courts are also different.The reasons for the confusion are from the normative and practical aspects,which are summarized as the existence of multiple uncertain legal concepts in the clauses,the inadequacy of res judicata rules,and the differences in the value measurement of different courts in judicial practice.The third chapter aims to propose a specific path to improve the application of this clause in view of the problems existing in judicial practice.First,it makes a detailed analysis of different identification elements,and determines that the identification of the subject matter of litigation that has been restrained should adopt a single identification element mode,and clarifies the connotation of the subject matter of administrative litigation from the perspective of administrative litigation types.Second,clarify the objective scope of the restraining effect,and accurately grasp the restraining effect of the effective judgment and the effective mediation document.Third,on the basis of the above analysis,it summarizes the identification path of the subject matter of litigation that has been restrained.The fourth chapter,after clarifying how to identify the subject of litigation has been detained,explains the supporting system improvement measures for cases where the subject of litigation has been detained,so as to better achieve the balance between the protection of litigation rights and the litigation economy.In this aspect,it is suitable to start from two aspects: strengthening the judge’s interpretive obligation and strengthening the construction of litigation integrity.In the aspect of strengthening the judge’s interpretive obligation,it mainly analyzes the specific content of the interpretive obligation,and further proposes that the judgment should be applied carefully.In terms of strengthening the construction of litigation integrity,it mainly includes the regulation of deliberately constructed litigation objects that have been detained and abuses of litigation rights.The conclusion part reviews the research of this paper,and makes a preliminary understanding of the negative effect of res judgment in administrative litigation by identifying the clause that the subject of litigation has been restrained.In addition,it is pointed out that in the following judicial practice,it should not be limited to this clause,but should conduct a more in-depth discussion on the complex proposition of res judicata.