Research On The Expansion Of Res Judicata In Civil Public Interest Litigation

At present,China is in the period of socio-economic development and transformation,and social public interests are more vulnerable to infringement in this special period.Taking judicial measures to protect and safeguard social public interests is a relatively direct and effective way,and it can also solve related problems caused by it in time.The purpose of litigation is to solve the social disputes,and when a certain social contradiction breeds and a series of cases appear in large numbers,it will lay the foundation for the new litigation forms.Under this opportunity,China’s civil public interest litigation system was created,which is a civil litigation system that has been clearly established in China’s law and is in a period of continuous improvement and development.The original intention of setting res judicata is to ensure the stability of litigation procedures and the finality of judicial decisions.According to the traditional theory of res judicata,the scope of subject is limited to both parties in the previous lawsuit.The objective scope is limited to the referee’s main text;The standard of time range is the end time of the verbal debate in fact trial.However,judicial practice has proved that the traditional theory of res judicata can no longer meet the objective requirements of modern civil litigation cases,especially for civil public welfare cases.Because of the characteristics of public interests,the traditional theory of res judicata can no longer prevent the occurrence of conflict trials.However,by further expanding the scope of RES judicata in civil public welfare cases,it can solve or prevent conflict trials,thus improving the effect of civil litigation.China’s legal provisions on public interest litigation have already dealt with the expansion of res judicata,but it is still not perfect.Based on the current situation and existing problems of civil public interest litigation in China,this paper tries to build the expansion of res judicata of civil public interest litigation in China.The expansion of RES judicata in civil public interest litigation is reflected in the following aspects: the subject of civil public interest litigation is extensive,and the subjective scope of its RES judicata expands outward from both parties involved in the litigation process,extending to the subject who has the qualification of plaintiff in public interest litigation but has not yet brought a lawsuit,and extending to the individual citizen who has not been given the qualification of plaintiff in public interest litigation in our country at present;Based on the purpose of one-time settlement of disputes and safeguarding public interests,the objective scope expansion of RES judicata in public interest litigation should be extended from the main text of the judgment to the fact-finding part of the judgment reasons;Based on the preventive characteristics of public interest litigation,the time range of res judicata should be expanded,and it should be defined mechanically by standard time points,including unpredictable events and predictive judgments.Expanding the scope of res judicata of civil public interest litigation is helpful to solve the problems caused by the characteristics of civil public interest litigation,including the universality of litigation participants,the public welfare of litigation purpose and the diversity of litigation requests.This article focuses on preventing contradictory judgments from being made and appealing for a one-time settlement of disputes.After theoretical analysis,it points out that the scope of RES judicata faced by China’s civil public interest litigation system is narrow.It tries to expand from the subjective scope,objective scope and time scope of China’s civil public interest litigation system,and combine the theory of expansion of RES judicata to accelerate the maturity of China’s civil public interest litigation system.