Research On The Subjective Scope Of Res Judicata

The theoretical and practical circles have already studied the subjective scope of judicatory force,and have formed rich research results in the academic field.However,when most scholars discuss the theory of res judicata,they only involve the expansion of the subjective scope of res judicata,and seldom involve the discussion of the relevant issues such as res judicata,the action of the third party revocation,and the retrial of outsiders.And most of them carry the theory of res judicata abroad and there are few systematic studies on the combination of the theory and the condition of our country.At present,the Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the Civil Procedure Law)does not provide clear provisions on the issue of res judicata,which leads to our country’s insufficient cognition in the subjective scope of res judicata.In judicial practice,we can only deal with it according to the principle of "non bis in idem".At present,there are some problems such as insufficient channels of other litigation by outsiders of case for free,additional person subject to execution at will.Therefore,based on the needs of theoretical improvement and judicial practice,to research and improve the subjective scope of judicature theory has become an unavoidable realistic issue in our country.At present,the word res judicata does not appear in the legal provisions of our country,but the expression of its relevant meaning exists.We can find the epitome of the subjective scope of res judicata in many legal provisions.For example,Article 158 of the Civil Procedure Law affirms the validity of court judgments,and Article 247 of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the Interpretation of the Civil Procedure Law)regulates repeated prosecution by parties.Article 249,250 and 340 are related to the binding force of judgments and orders which have already taken legal effect,which lays the institutional foundation for studying the subjective scope of res judicata.The research on the subjective scope of res judicata should be combined with China’s judicial reality and supplemented by the mature systems of other countries and regions,so as to provide reference for the construction of the subjective scope of res judicata system in China.In the concrete system design,by optimizing the standard methods of the subjective scope of judicatory force,refining the expansion of three categories of judicatory force and lawsuit holders,specific successors and claimholders of subject matter,and adding pre-and post-procedural safeguard measures,in order to better guide our judicial practice.