In The Perspective Of Guarantee Contract Dispute To Analyze The Reflection Effect Of The Final And Binding Judgment

Reflection effect is one of the basic theory of the Civil Procedure Law.It is closely related to res judicata, issue preclusion validity, the effect of participation,a pre-determined effectiveness, the common litigation system, authority notification system, revocation action by a third party and other litigation system. The meaning of the paper not only helps us to understand the reflection effect itself, through the theory also can help us to learn more about expansion of the effect of judgments, the philosophy of procedural safeguards,the unified resolution of disputes and other important topics.Reflection effect has caused widespread discussion in Germany and Japan.There are mainly three theories about reflection effect: positive theory, the theory about expansion of res judicata and overall negative theory. Different scholars have different understanding about this theory.The reason for this phenomenon is that they have different ideas about the debate about the essence of res judicata and the relationship between civil law and civil procedure law.The expansion of the effect of judgments is closely related to procedural safeguards.But procedural safeguards is not the only reason of the expansion of the effect of judgments. Reflection effect as a form of the theory about expansion of the effect of judgments also has a close relationship with procedural safeguards. Specific procedural safeguards system mainly includes the prior and post procedural safeguards system. The legislation and practice in Taiwan(one region of China) has some reference and inspiration to the research of reflection effect.The relationship between the creditor, the debtor and the guarantor may occur contrary judgments.Guarantee contract(whether normal guarantee or joint guarantee) dispute is typical and representative. Combined with the case analysis of different types of guarantee contract disputes is useful for us to view the theoretical possibility, the necessity,the theoretical basis, function and value of the theory of reflection effect.Specific to the mainland of China,the existing civil system can solve the cases. Therefore, the reflection effect theory may not be applicable in the mainland of China.The result is not the only factor to evaluate the significance of theoretical study.In the process of theory analysis,the inspiration of relevant questions also has the significance.The paper mainly includes the following sixth parts:The first part: Mainly introduce the concept of reflection effect and its history and development, the theoretical and practical significance of the paper, the innovation points and scope of the study.The second part: Mainly introduce res judicata, issue preclusion validity, the probative force of the official document, a pre-determined effectiveness and the effect of participation.To investigate the relationship between the reflection effect and the other theory.The third part: Introduce German and Japanese scholars’ theories about the reflection effect. From the debate about the essence of res judicata and the relationship between civil law and civil procedure law two angles to analyze the causes of the formation of the theory and the pros and cons of different theories.The fourth part: Introduce the expansion of the effect of judgments, the philosophy of procedural safeguards and the concrete application in Taiwan(one region of China),.In order to further review the reflection effect theory.The fifth part: According to the reflection effect theory, the practice in China and other methods to resolve disputes combined with specific cases of guarantee contract to analyze the possibility to solve the problem.The sixth part: According to the previous comprehensive introduction and analysis,in China without the theory of reflection effect can also properly solve the guarantee contract dispute. But I don’t deny the significance of the study of this theory.