| Family disputes in a broad concept include non-litigation disputes and civil disputes involving personal or property;family disputes in a narrow concept only refer to disputes related to the identity relationship of the parties.At present,the concept of "family litigation" has been introduced in the theoretical and practical circles in China.The current research limitations are mainly manifested in the first one is to promote the establishment of family litigation procedures for the purpose of making legislative proposals as the focus of discussion;Pay more attention to comparative research on foreign legislation,but fail to integrate China’s actual situation well,even ignoring some basic concepts;third,it is more inclined to discuss the concepts of family cases,family litigation procedures,family litigation as a whole There is no typological research on the effectiveness of family litigation judgments.Under this background,this article is titled "Subjective Scope of Judgment of Family Lawsuits",and hopes to systematically expound the basic concepts and related theories involved,which will be helpful for future research on the effectiveness of family lawsuits.There are five parts in this article:First of all,the first part mainly introduces the basic theory of family litigation judgment.According to the objectivism,the division of family cases into non-litigation cases and family court cases is based on the criterion of whether the case has litigation or not.It is clear that the objects discussed in this article are family court cases and their judgments;the classification of family litigation cases includes marriage.There are four types of relationship cases,parent-child relationship cases,adoption relationship cases,and identity-based property cases,of which the first three are mostly identity-based confirmation or formation actions.The judgment resulting from the action is the family action confirmation.Sexual judgments or formative judgments,and property cases based on identity relationships are property-related cases related to identity relationships.They are payable in nature.When the plaintiff wins the case,the resulting judgment is a family-related judgment.The second part mainly talks about the basic form of the effectiveness of the family action judgment.According to the different stages of the family litigation,the basic form of the validity of the litigation judgment is also different.Before the judgment is determined,it is binding and prohibits the court from non-legal reasons The procedure and procedurearbitrarily change or cancel the judgment that has been made;the determination of the judgment produces formal certainty,that is,the parties cannot request the higher court to abandon or change the effectiveness of the original judgment;the effectiveness of the judgment after the judgment mainly includes The judgment power for all deterministic judgments,the formation power unique for formative judgments and the execution power unique for benefit judgments.The third part mainly analyzes the subjective scope of the validity of confirming judgment in family proceedings.Affirmative judgments of family litigation have the judgment power,and the judgment power can maintain the stability of the prosecution and litigation judgment.Academia has different views on whether affirmative judgments are generally effective as formative judgments.This article believes that in the case of the limitation of the parties have the principles of debate and punishment in identity relationship litigation and the one-time resolution of family litigation disputes,it is necessary to expand the subjective scope of the effectiveness of confirming judgments in family litigation.The third person is bound by the judgment and respects the content and effect of the judgment.The fourth part mainly analyzes the subjective scope of the formative judgment of family proceedings.In the traditional form of decision theory it is considered to be on the effectiveness of the world.The family lawsuit’s formative judgment has the validity of the world after it is determined and acts on a third party other than the parties;at the same time,it has the forming force of absolute validity,so that the identity relationship between the parties is formed or changed within the scope determined by the judgment.This article believes that the worldly effectiveness and formative power of the formative judgment of family litigation are sufficient to make the validity of the judgment natural and the third party outside the case.This is originally a manifestation of the expansion of the subjective scope of the judgment,and it is not necessary.On this basis,we will expand again.The fifth part mainly analyzes the subjective scope of the effectiveness of the family family litigation judgment.When the plaintiff in a property case based on identity relationship wins,the defendant needs to bear certain payment obligations according to the judgment,so this judgment is a payment judgment.This is a judgment accompanied by enforcement and is backed by a system of enforcement.The family-family litigation judgment has two independent effects of judgment and execution,and there is an essential difference between the two.Therefore,it cannot be considered that the subjective scope of the two is the same.The nature of property cases based on identity relationships is similar to traditional civil litigation cases,so the subjective scope of judgment and enforcement in the effectiveness of litigation judgments should follow the principles of relativity of judgment and relativity of execution respectively,that is,family lawsuit payment Both the judgment and execution of the judgment are limited to the litigants. |
