| “The first lawsuit is the best†and “non bis in idem†as the principle of Romanlaw are the Concept of res judicata under Continental Legal System, it becomes abasic and more mature theoretical categories with its development. The implicationeffect of the res judicata’s effect are that prohibit the parties repeated prosecutionã€against judge repeated accept and judge cases and pre-decision effectiveness. Claimexcluded and issues estopped in Common law have the same actionable value with resjudicata. One of the res judicata’s effect is to prohibit the parties separately litigatemalicious or undeservedly, the other is if the issue that the parties has been substantialcontroversy dispute in the proceedings and review determines and dispute by the court,cannot be used in other proceedings. Compare to the two legal systems, ourtheoretical community about the study of res judicata’s effect is quite scarce; the civilres judicata’s effect of our country is based on Continental Legal System andCommon law.Judicial credibility be as a relationship with dynamic, balanced and mutualevaluation between the judicial and public, res judicata’s effect with its finality todirectly and indirectly impact Judicial credibility, Maintain the finality of resjudicata’s effect in order to enhance the Judicial credibility, should establishlegislative philosophy of res judicata’s effect, give the defense right to the defendant,set strict standard of court review. On the other hand, the coordination of civil resjudicata’s effect maintains external and internal coordination. The most important isthe process of civil res judicata’s effect deeply impact judicial credibility, achieve thepurpose of promoting Judicial credibility, generating process is not only to emphasizethe equality of rights and obligations in process, but also requires distinguish processand deploy plenary, Invoke process should to rule the process, break process alsoshould strictly control the starting to maintain the authority of res judicata’s effect. |
