Research On The Effect Of Judgment On Implicated Third Party

Although civil litigation has always pursued one-off settlement of disputes,the capacity of litigation is limited after all.It is impossible for a litigation to resolve all disputes based on the rights or legal relationships that are involved in the substantive law.The relativity of the judgment is not commensurate with the implication of the rights in the substantive law,so that the effectiveness of the judgment has to be expanded to the third party,and the effectiveness of the judgment on the subordinate third party of the entity arises from this.Chinese courts often expand the validity of judgments to subordinate third parties of entities based on the fact that “the facts that have been confirmed by the legally effective judgment of the people ’s court” in the judicial interpretation of the Civil Procedure Law extend to the entity ’s subordinate third party.The damage to the rights of third parties has also led to the disorder of China’s judgment effectiveness system.The single-effect theory such as judgment,reflection effect,dispute effect or proof effect is difficult to fully explain the impact of the judgment on the subordinate third party of the entity.In essence,the effect of the judgment on the entity ’s subordinate third party has multiple levels,because the content of the confirmation of the judgment can be divided into at least two types: the content confirmed in the grounds of the judgment and the content confirmed in the main body of the judgment.The procedure will have different effects on the entity ’s subordinate third person.The effectiveness of the judgment is related to the degree of procedural guarantees.Different procedural guarantees are mapped in the judgment documents,which will make the different types of confirmation in the judgment affect the third party differently.Different theories of effectiveness correspond to different methods of procedural guarantees,so the effectiveness of the judgment on the subordinate third party of the entity should be explained by a variety of theories of effectiveness to form a complete theory of effectiveness system.Specifically,the research on the effectiveness of the judgment on the subordinate third party of the entity should be carried out from the following parts:The first part defines the connotation of the effectiveness of the judgment on the subordinate third party of the entity.First,reveal the essence of the judgment’s effectiveness on the entity’s subordinate third person,analyze the judgment’s evolution from absolute torelative and the dilemma of the relative effectiveness;second,start with the connotation of the entity’s subordinate third person,and explore the judgment’s subordination to the entity The logical structure of the third person’s effectiveness;finally,based on the dual structure of the judgment document,the duality of the effectiveness of the judgment on the subordinate third party of the entity is explored from the difference between the judgment reason and the main body of the judgment.The second part discusses the relevant rules and cases of the effectiveness of our judgments on subordinate third parties.First,sort out the typical implicated rights or legal relationships in China’s substantive law;second,sort out the effectiveness system of judgments in China’s civil procedure law;and finally,discuss the impact of judgments on the subordinate third party of the entity with specific cases.The third part analyzes the theoretical attribution of the judgment on the effectiveness of the entity’s subordinate third party.First of all,from the academic circle’s debate on the prejudgment validity clause in the judicial interpretation of China’s civil procedure law,find the point of the problem;second,distinguish the difference between the effectiveness of the judgment and the reason for the judgment;finally,explore the effectiveness of the judgment on the subordinate third party of the entity The expansion of the systemic and related effectiveness theory,and reveal the impact of procedural guarantees on the effectiveness of judgments.The fourth part is to construct a system for the effectiveness of our judgments on subordinate third parties.On the one hand,it establishes the legitimacy basis for the effectiveness of judgments against subordinate third parties of entities;on the other hand,it establishes a multi-level effectiveness system of judgments against subordinate third parties of entities in China.