Research On Matter Of Subjective Range In The Res Judicata Of Environment Civil Public Interest Litigation

The new Environmental Protection Laws and the Civil Procedural Act increase the item about civil public interest litigation of environment, strengthening the control capacity of judicial power to ecological problems, making the public know and accept the necessity of protecting our environment from destroying, and this action also becomes a good way to reduce the troubles of administrative organization in the environment protection. With the developing problems of environment pollution to people's daily life, the sense of protecting environment of sorts of groups gradual get improvement, and the events of solving environment invasion by judicial way will increase. It will cause adverse influence to the action range of jurisdiction effectiveness and stabilization of the law relationship if we deal with this case by using traditional theory of lawsuit. Therefore, in the civil public interest litigation of environment, not only should we insist the comparative principles of the res judicata but we should expand the subjective range of the res judicata properly in order to better protect our environment. This paper, composes of introduction, body and conclusion, starts from existed judicial practice, combines the experience at home and abroad and the research between environment civil public litigation systems and the res judicata theory, expounds the problems of the expansion of the res judicata and the range and the ways of its expansion under certain situation through the distinction of conception and the certainty of extension. In addition, we discuss the rescission action of the third person and the disposition limitation of the party under certain situation, defending the legitimacy basis of the judgment as well as realizing the procedural justice and entity justice in the process of environment civil public interest litigation to achieve its deserved value.The first part is to clarify the basic concept and connotation of the major theories. The substantial differences between environmental public and private interests are contrasted and analyzed. It also outlined the basic theories of res judicata system and the controversial part of scholars. Through theory analysis and definition, for as follows discussion laid the writing foundation.The second part focuses on the current legislation and judicial status in China and based on the analysis of the current status, under the res judicata system this part described the existing problem about the scope of the validity of adjudication after the environment public interest litigation, raising the necessity of the expansion of the scope of the validity.The third part analyzes the legal system of the outside region relating environment public interests litigation. It is going to clear up the feasibility for the outsider of the expansion of the scope of the validity under this litigation type. It sums up outside region advanced experience and finds its saving grace to improve the system for our reference and use.The fourth part mainly puts forward the construction of the system of the related system construction according to the limitation of res judicata in our temporal environment laws, and raises the shortcomings of the modern of environmental public interest according the existed system construction.