Dissertation > Excellent graduate degree dissertation topics show

The Study on Objective Scope of Res Judicata

Author: ChaiJunLan
Tutor: MaAiPing
School: Shanxi University
Course: Procedural Law
Keywords: Res judicata Objective scope Subject matter of litigation
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 0
Read: Download Dissertation

Abstract


The unchangeableness theory is an important theory in the Civil Procedure Law system, within its theoretical terms, the the res judicata objective range theory is the most practical significance of the topic, with important position. However, due to the reason of our terms of reference 'litigation structure as well as the pursuit of the cases of real litigation concept, China since the founding has not been to establish of res judicata objective range system, showing studied theoretically weak state of the system in the absence of legislation. The resulting confusion, infringement of the right of action of the parties, and many other problems in the operation in practice. This paper aims to in-depth study of the theory of of res judicata objective range, combined with China's judicial status quo, build suited to China's national conditions and localization of res judicata objective range system. In addition to the introduction and conclusion, including the following four parts: the first part is the basis of the theory of the of res judicata objective range. This section defines the meaning of the of res judicata and res judicata objective of range, judgment essentially determine the force of res judicata will be limited, this study is clear is narrowly defined of res judicata objective range. Res judicata nature and according focuses on, as well as res judicata role of morphology, and on this basis, describes the general principles of res judicata objective range of traditional civil law, that is, in principle, limited to the judgment Zhuwen, without judgment and reason, while its Causes do a detailed analysis. The second part is the elements that affect unchangeableness objective scope. The part with the res judicata objective range of four closely related to the problem - the object of action, set-off defense, reasons for judgment part requests were explored. Focuses on three theories of the subject matter of litigation, and the pros and cons; elaborated off defense of res judicata the objective range of reasons for its res judicata; res judicata for the limitations of the traditional of res judicata objective range expansion said a detailed discussion and efficiency point of dispute and analysis of the pros and cons; final say and deny that certainly on the part of the request to make the analysis and evaluation, and pointed out that part of the request for the problem is the problem of value judgments. The third part is the analysis of the status quo of our the res judicata objective range. This section describes the theory and legislative missing status quo of our of res judicata objective range, and on this basis, summarizing the three missing consequences trial practice, that disregard to artificially expand or narrow the res judicata the objective range At the same time, the lack of range of res judicata objective reason to embark on a comprehensive analysis. The fourth part of our the res judicata objective range build. This section is a chapter of the focus of this article. First, from the perspectives of the economic system and the litigation mode analysis of the feasibility of our the res judicata objective range built, pointed out that China already has the to build res judicata objective range conditions. Secondly, the theory of res judicata objective range from five aspects localization building, that is, using the traditional definition of mode, in principle, limited to the judgment Zhuwen, without judgment and reason, to offset the defense as an exception; adopting new substantive law that the subject matter of litigation identification standards; refine the set-off defense program requirements; opposition to give the reasons for judgment of res judicata, pointed out that in the case reached a high degree of procedural safeguards in China can consider giving some binding; think that part of the request issue value judgments, rather than judgments about right and wrong, according to China's national conditions, should be used to completely deny that. Finally, on the basis of the above study, designed for res judicata objective range of relevant legal provisions for the future to modify the reference of the Civil Procedure Law.

Related Dissertations

  1. On the implementation of commitments,D925.1
  2. On the Theory of Civil Issue Preclusion,D925.1
  3. Research on Construction of the Retrial Procedure,D925.1
  4. The Consummation of Subrogation System,D925.1
  5. Demonstrate the legitimacy of the request part of its system design,D925.1
  6. Overlapping Criminal and Civil certain problems,D925.2
  7. Research of Criminal Adjudication Effectiveness,D925.2
  8. Research on Preliminary Combination of Litigation,D925.1
  9. On the Improvement of Civil Retrial System,D925.1
  10. Research on the Confirmation of Non-infringement of Intellectual Property,D923.4
  11. Study on Relief of the People Whose Name to be Fraudulent on Civil Litigation,D925.1
  12. Research on System of Jurisdiction Objection in Our Country,D925.1
  13. Legal effect of administrative reconciliation,D922.1
  14. On the civilian implementation of commitments,D925.1
  15. The Effectiveness of the Civil Verdict,D925.1
  16. A Theory of Settlement of Administrative Litigation,D925.3
  17. On the debtor's objection to the complaint,D925.1
  18. The Research of the Action for Interlocutory Declaration,D925.1
  19. Study of Pending Action in Civil Procedure Theory,D925.1
  20. Research on Test Action,D925

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
© 2012 www.DissertationTopic.Net  Mobile