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The Research of the Expanding Theory on the Objective Scope of Res Judicata

Author: LiZuo
Tutor: LiLong
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Effectiveness judgment The objective scope of res judicata Subject matter of litigation Grounds for the decision Objective scope of expansion theory of res judicata
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 241
Quote: 1
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Abstract


Res judicata theory is the basic theory of civil law. Mediating res judicata can compete against the parties to the legal relationship between the identified dispute again, not only to achieve the economic value of litigation goals while still ruling and authoritative finality best embodiment of the theory of res judicata are therefore civil civil litigation theory occupies a pivotal position. The expansion of the scope of res judicata objective theory of res judicata not only deal with the subject of litigation have an effect, but also on the reasons for judgment have some binding force (or the reasons for judgment that the judgment of the judge should also produce a similar binding force of res judicata), this theory can solve the problem of conflicting judgments, but there are also many disadvantages. The expansion of the scope of res judicata objective theory is discussed from a theoretical rationality of its existence, and from the practical point of view to explore the value of its existence, and thus help us more fully weigh study this concept to the Chinese Civil Procedure France feasibility and necessity. The expansion of the scope of res judicata objective theory is a complicated problem in the limited space of the master thesis can not cover everything, in full swing. Therefore, this paper uses a historical, comparative and other analytical methods, try to turn this problem in plain language law clearly explained. Full totaling 50,000 words. In addition to the introduction and conclusion, the body has seven sections. Main contents are as follows: First, the effectiveness of civil judgments. This section identifies the effectiveness of civil judgments resulting time and analyze the judgment cited after generation for a variety of effects. Thus illustrates the effect of a civil judgment as one of res judicata arising from timing and specific meaning. While the substance and form of res judicata res judicata distinguish defining object of this study was only substantive res judicata, as later research has laid a solid theoretical foundation. Second, the effect of res judicata. Internally, on the theory of res judicata, the object of study is basically divided into two parts, one is surrounded by the nature of res judicata, res judicata nature of res judicata based on other macro issues. The other part is the scope of res judicata objective and subjective scope and time frame such as the interpretation of practical significance of issues - the scope of res judicata, the expansion of the scope of res judicata objective theory that belongs to res judicata effect of category. This part of the study of the res judicata effect of the embodiment of res judicata effect of the occasion occurs, res judicata effect of the double-sided, as well as the scope of res judicata effect. Discussion on the res judicata effect of legislation seeking to make a brief exposition and refining, leads civil judgments below an objective range of res judicata. Third, the subject matter of litigation theory and objective scope of res judicata. This section will be the subject of litigation described the development of theory and shows scholars from each other in order to make these two theories fit the various efforts, as well as the historical development of these two theories trajectory. To highlight the subject of litigation between the theory and the theory of res judicata are closely related, closely linked to the relationship, as well as subject matter of litigation the scope of the theory of development of the theory of res judicata objective played a pivotal role. A comparative study was made later foreshadowing. Fourth, the reasons for judgment and objective scope of res judicata. This paper studied the scope of res judicata objective expansion theory, in fact, the objective is to study the scope of res judicata should include reasons for judgment of the facts and the related theoretical issues, so the reasons for judgment naturally become the focus of this study. This section discusses the reasons for judgment of the kind of objective reasons for judgment does not belong to the scope of res judicata cause analysis and defense against exceptions and other content, is intended to be more comprehensive and profound exposition scope and objective reasons for judgment of res judicata between. Fifth, the expansion of the scope of the objective theory of res judicata. Since the objective of res judicata extends only to the subject of litigation, so in practice may be subject to conflicts trial. In this regard, the German scholar objective by expanding the scope of res judicata in order to achieve their goals, while Japanese scholars is another way, the res judicata effect beyond the point of contention put forward the theory, and strive to use the new system to make up for deficiencies theory of res judicata. This section describes a few major doctrine of res judicata objective the expansion of the scope of the theory made a comprehensive and thorough analysis. Six, on the expansion of the scope of the theory of res judicata objective evaluation. This section from two different levels on the expansion of the scope of res judicata objective theory made a more objective evaluation. The first is on a different subject matter of litigation in the context of the doctrine of the role expansion theory, drawn under the expansion of procedural law doctrine have a broader application of space, but in the old law that the next expansion of the entity was not much useless. Followed by comparing the civil law and common law traditions and philosophical basis of the difference between criticism of the efficiency point of contention, raised efficiency and other responsibilities deviate from the civil law tradition, with the traditional civil law Civil theory does not fit theory. The conclusion that the expansion of the scope of the theory of res judicata should not be an objective of the Civil Procedure Law was adopted conclusions. Seven, the expansion of the scope of res judicata objective theory and our Code of Civil Procedure. This section discusses the country through the expansion of the scope on the issue of res judicata objective research status and practical operation, and whether the expansion of the scope of the adoption of the theory of res judicata objective factors should be considered, on the subject of litigation theory and the theory of res judicata were built, hoping for Civil Litigation development of the theory gave modest means.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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