Research On Expansion Of Res Judicata In Consumer Public Interest Litigation

With the occurrence of a large number of incidents against the interests of many consumers in recent years,consumer public interest litigation on our legislation to formalize.However,in the legislation,the litigation of consumer public interest took only a matter of principle.In order to better develop and improve the consumer public interest litigation,we need to conduct the thorough research to the relevant content of the consumer public interest litigation.So as to better establish and perfect to the system of our country's consumer public interest litigation.The res judicata of the consumer public welfare lawsuit have the effect of preventing the parties from the dispute in the legal relationship by the judgment,emphasized that the binding force produced by the determinate sentence of former litigation for the court and the parties in the later filed lawsuit,promoting consumer welfare proceedings have an effective solution to the consumer public interest Infringement,to maintain the authority of justice and social stability.For the scopes of res judicata in the litigation of consumer public interest clearly,it affects the certainty of consumer public interest litigation judgment.If you can't guarantee the stability in the judgment of consumer public interest litigation,reduce the emergence of contradictory judgment to prevent the occurrence of violations of consumer public interest behavior,the legal value of the consumer public interest litigation system will be difficult to achieve.In the consumer public interest litigation,there are not specific in the influence of consumer disputes in the region and the scopes of infringed consumer.However,the relativity theory of traditional res judicata,so that the radiation effect of validity of judgment is very limited,the determining force of the judgment only affects the parties of the lawsuit.Based on the public interest litigation,there are some characteristics,such as the public interest lawsuit purpose,the diversification of the prosecution and the particularity of litigation procedure,we need to make a breakthrough on the basis of the traditional theory to the scopes of res judicata in the litigation of consumer public interest,to appropriate expansion on the scopes of res judicata in the litigation of consumer public interest.Based on this,the author combines the theory of res judicata expansion and the practice of consumer public interest litigation,which has certain practical significance.The author in this article,from the point of res judicata of analysis of the consumer public welfare lawsuit system,using the value analysis and theory and practice of combining analysis and comparative analysis and other research methods,the problem of the expansion issue of res judicata in the litigation of consumer public interest is divided into four parts to describe:The first part mainly introduces the basic theory.Consumer public interest litigation and res judicata theory have complexity and need to will clarify the basic concepts,and lay the foundation for the writing of this paper.This part mainly elaborates the public interest of consumer litigation protection areas,the characteristics of consumer public interest litigation,the concept of res judicata,the expansion system of res judicata and res judicata in the lawsuit of consumer public welfare.The second part is mainly to analyze the status of the scopes of res judicata in the litigation of consumer public interest.This part mainly analyzes the legislative proposal of the scopes of res judicata in the litigation of our country consumer public interest,combining with case analysis the judicial status quo of the scopes of res judicata in the litigation of our country consumer public interest and problems.And analyzes the current situation of the scopes of res judicata in the litigation of extraterritorial consumer public interest,and provides some legislation and judicial practice experiences for the expansion of the scopes of res judicata in the litigation of our country's consumer public interest litigation.The third part for it gives the feasibility analysis of the expansion of the scopes of res judicata in the litigation of our country's consumer public interest.First of all,from the requirements of the res judicata theory of procedure safeguard value and consumer rights protection value to the legal value of the expansion of the scopes of res judicata in consumer public interest litigation is proved.Secondly,the introduction of consumer public interest litigation about the transformation of theory of the parties concerned in our country,the applicable of the pre-definitive effectiveness and the establishment of the procedural safeguard mechanism for the expansion of the scopes of res judicata,for the foundation for the expansion of the scopes of res judicata in the litigation of our country's consumer public interest.The fourth part for the concept of the expansion of the scopes of res judicata in the litigation of our country's consumer public interest.This part mainly introduce about the improvement of the consumer public welfare lawsuit legislation and the expansion of the scopes of res judicata in the litigation of consumer public interest and the scopes of res judicata of the consumer public welfare lawsuit procedure safeguard mechanism,so hope to put forward some constructive suggestions for the expansion of the scopes of res judicata in the litigation of our country's consumer public interest.