Research On The Subjective Scope Of Res Judicata From The Perspective Of The Intersection Of Entities And Procedures

Entity and procedural cross-analysis is a kind of understanding method based on specific positions and perspectives,which uses the field of civil litigation to analyze the civil procedure system at the intersection of the two laws from the dual dimensions of substance and procedure.Taking the degree of correlation between the two laws as the motivation,the subjective scope of res judicata is the result of the intersection of substantive law and procedural law,which is aconcentrated embodiment of the correlation between the two laws,and is characterized by the principle of relativity of res judicata and the expansion of the subjective scope of res judicata.This is manifested in the fact that the principle of res judicata relativity is consistent with the private interest characteristics of civil disputes,coupled with the principle of autonomy of will,consistent with the party-led civil litigation model,consistent with the principle of disposition and the principle of debate,and the type of subject of the expansion of res judicata under special circumstances must be based on the provisions of the substantive civil law,and the outer limit of the expansion of res judicata must be determined by the effect of judgment.The unidirectionality of the research perspective imprisons the subjective scope of res judicata in a single procedural law field,and so that the academic circles have the understanding that "our law does not recognize the relativity of res judicata",the research on the subjective scope of res judicata from the dual dimensions of substance and procedure not only helps to clarify the above misunderstanding,but also is the practical need for the Civil Code to systematically adjust the complex substantive legal relationships of multiple civil subjects.China’s current legislation lacks a direct express expression of the principle of res relativity,but first recognizes the exceptional circumstances of the expansion of res judicata,"the principle is not clear,the exception comes first" not only causes the impact on the principle of res relativity,but also causes incongruity within the system;In the exceptional circumstances of the expansion of res judicata,the types of subjects related to the expansion of res judicata are widely distributed in multiple sectoral laws,with obvious trends of fragmentation and fragmentation,and most of the outsiders affected by the expansion of res judicata are ex post facto remedies,and lack of attention to their ex ante remedies.This can easily lead to problems such as poor channels for outsiders to file separate lawsuits in practice,broad changes and additional persons subject to enforcement,and deviations in the application of legal norms.Only by returning to the subjective scope of res judicata can the above problems be effectively avoided and regulated,which depends on the comprehensive review of the current legislation and the dual dimensions of substantive and procedural legislative discussion and interpretation.Starting from the overall layout,priority should be given to establishing the legal source status of the principle of res judicata relativity,and the types of subjects for the expansion of res judicata should be centralized and clarified.Starting from the entity dimension,for the successor subject of rights and obligations,the interpretation theory should be used to include the transferee subject of the transfer of the subject matter of the dispute into the category of a specific successor,and exclude the bona fide third party;For the person subject in the litigation,the subrogation litigation is a typical example,and the comprehensive expansion theory of the factor of adding procedural safeguards should be adopted;For a person-type subject who requests possession of the subject matter,the theory of interpretation should be used to exclude the situation of possession of the subject matter for its own inherent interests from the subjective scope of res judicata.From the procedural dimension,legislative theory should be adopted,and a litigation notification system and litigation against the debtor should be added to ensure the realization of the procedural rights of relevant subjects.