The Expansion Of Subjective Range Of Res-judicata In The Condition Of The Specific Succeeding

There are two kinds of litigation strategy: Client Eternally-fixed Doctrine and Litigation Succeeding Doctrine to resolve the condition of the specific succeeding where disputes in the civil rights and obligations of the dispute transferred.In order to improve litigation efficiency,Article 249 &250 of the Civil Procedure Interpretation establishes the main principle of Client Eternally-fixed Doctrine.In the premise of the principle of Client Eternally-fixed Doctrine,the role of the provision is limited because of the burred range of subjective range of res judicata and disputes in the civil rights and obligations of the dispute transferred.Since establishment of the principle,Judicial reality of clarifying the expansion of subjective range of res judicata in the condition of the specific succeeding Is worrying.Apply the terms of the principle there are some problems that legal conflicts and applicable issues in practice,unknown object and loose condition in the process.The root of these problems is the burred objection of subjective range of res judicata in the condition of the specific succeeding.Before the principle was established,Court generally based on NPL provisions to dealing with the assets of the company to buy litigation claims cases,but other cases are missing.Long-standing judicial habits lead to court prefers to deal with such cases,in contrast limit the application of the principle of Client Eternally-fixed Doctrine.But this situation needs to be changed.It makes sense to solve the limited problem of the principle of Client Eternally-fixed Doctrine that clarifies the expansion of subjective range of res judicata in the condition of the specific succeeding.The thesis includes the introduction,the main text,and the conclusion.The introduction part briefly introduces the realistic dilemma and the research significance of the topic,which illustrate this difficulty and focus research proposition.The conclusion is part of the full text of thinking,but also a expectation.The main body of this thesis is divided into four parts.The first part is the question.It is clearly that the specific succeeding is a concept of substantive law,not a concept of Procedural law.There are two kinds of litigation strategy: Client Eternally-fixed Doctrine and Litigation Succeeding Doctrine to resolve the condition of the specific succeeding where disputes in the civil rights and obligations of the dispute transferred,and Article 249 &250 of the Civil Procedure Interpretation establish the main principle of Client Eternally-fixed Doctrine.On the basis of the principle of : Client Eternally-fixed Doctrine,It’s so ambiguous of the range of res judicata in the condition of the specific succeeding that method is not commonly used and has no significant effect.The second part is the judicial reality of our country On the basis of the subjective range of res judicata in the condition of the specific succeeding.Through the analysis of judicial reality,we know there are many conflicts between the new law and old law,also know the problem that the object of subjective expansion of the res judicata is limited to the assignee of the creditor.in the process,we found that Public prosecution judicial interpretation provides for the object is not clear and others to replace the original party to participate in litigation without strict conditions and other issues.The root of these problems lies that the object of subjective expansion of the range of res judicata in the condition of the specific succeeding is not clear,thus the transferee of the civil rights and obligations of the dispute is difficult to be completely identified by the court.The third part is the object of subjective expansion of the range of res judicata in the condition of the specific succeeding.There are two kinds of ideas of substantive law theory and procedural guarantee.From the theory of substantive law,the subjective expansion of the range of res judicata include right transferee,duty bearers and transferee of the disputed object,also bona fide acquisition is not subject to resentment.From procedural safeguards,the subjective expansion of the range of res judicata include all specific successor who can revoke litigation relief through a third party to make up for insufficient procedures.In summary,The theory of substantive law is more in line with the judicial status quo of our country,because the goodwill achieved in the substantive law has the effect of excluding the res judicata.In theory of substantive law,the subjective expansion of the range of res judicata include right transferee,duty bearers and transferee of the disputed object.Hereafter,the third case also specifically includes the litigation claim of the litigation claim;the claim of the right of claim is subject to the litigation of the litigation,for the successor of the party and its successor.The fourth part is the function of other procedures based on expansion of subjective range of res judicata in the condition of the specific succeeding.In the third person revocation proceedings,only they have the plaintiff litigation qualification who include right transferee,duty bearers and transferee of the disputed object.To understand repeated prosecution,whether the parties repeat the judgment depend on the specific facts of the part of the decision.If there is no specific fact,it shall be examined in real terms by the form of trial.In execution Proceedings,no matter who wins the suit,they are all executive persons though a certain civil procedure.The people have the obligation to assist in the execution of the judgment in order to assist in the implementation of their obligations,who called the parties or hold controversial property.In the case of executive relief,bona fide third-person is out of subjective range of res judicata,and they have the right of claiming to exclude enforcement.