A Study On The Res Judicata Of Administrative Revocation Judgment

Administrative judgment requires not only authority but also res judicata. In thelegislation and the practice of administration litigation in our country, some phenomena arevery common: no retrial without new cases; final judgment is never final; no authority in thecourt judgment; the legal interests of the private party is hard to fulfill. This thesis is going tostudy the major branch of litigation: revocation, from the perspective of the res judicata ofadministrative judgment. The res judicata had an immediate affect to the binding scope ofadministrative agencies; whether the private party could get relief and whether their interestswould be protected as well as whether the judicial authority could supervise the lawenforcement. The study of this theory could not only help to fill the blank of the lack ofstudying in this area in our country, but also helps to solve the related problems in practice.Therefore, the study of the res judicata of administrative judgment does not only havetheoretical significance but also practical significance.This paper belongs to the area of theory research. Because of the coherency of thelitigation system, the research approach of administrative res judicata can be borrowed fromthat of the civil lawsuits. Moreover, this thesis uses the systems of the civil law systems asreference, analyses the three main scopes of res judicata by comparing the administrativerevocation res judicata from home and abroad.There are four parts in this paper. The first part is the base of the whole paper. Discussingfrom the theories of revocation of litigation, through the approach of comparison, it states thedefinition and characters of the revocation action, and takes a further step to sum up theconsisting parts and functions of it. At last, a conclusion is drawn by the author that therevocation of litigation and the theory of res judicata has similar functions and significance.The second part states the three scopes of res judicata, which is the core theory of thisthesis. Subject limits refers to group the administrative repeal has effects to administrativesubject and private party. Under certain circumstances, res judicata may expand the subjectlimits, including the expansion of the plaintiff, the defendant and the private party. Objectlimits refers to on what events the repeal have the effects of res judicata. The author thinks theobject limits of res judicata covers the objects of litigation and the reason of the court’sdecision. The time limit refers to on what time the fact and the legal state are based will be used as a reference.The third part defines res judicata from an opposite angle, which is administrative retrialsystem. As long as a judgment is made by human beings, the final decision is reliable to bemistaken. These mistakes can be avoided by legal procedures, which is the procedure ofretrial. However, if no restricts are put upon when it gets started, the res judicata will be in anunstable situation, the steadiness will be destroyed.The last part of this paper discusses the problems of the current administrative revocationres judicata system and the ways to improve it, which is the creativity of this thesis. Since theterm of res judicata has not been applied in the legislation in our country, also there areproblems of the lack of the other theories of administrative litigation, plus the disadvantage ofthe administrative retrial system, they lead to contradictory judgment in the practice ofadministration and legislation. This paper points out that laws should be made to clarify theres judicata, to regulate the related theories, to improve the form of written judgment and thereform of retrial system. This paper also includes the author’s suggestion to the legislation andrevise, with an intention to help the improvement of this theory.