离婚判决既判力问题分析-analysis of res judicata in divorce judgment.docxVIP

AbstractRes judicata is a very complicated and profound theory, res judicata is from civil law countries to China and civil law countries almost admit res judicata. Res judicata that is a case has be judged after the court hearing will have restrict to the litigants, the courts and the subject matter of litigation. The common view hold that res judicata is divided into three parts, they are the scope of res judicata’s subjective, the scope of res judicata’s objective and the scope of res judicata’s effectiveness. The scope of res judicata’s subjective means that res judicata effect in which subjects; the scope of res judicata’s objective means that res judicata effect on which target; res judicata’s effectiveness means that res judicata effect on a particular subject. A party of the couple litigates to the court to the marriage problems and related problems which cannot have a deal. The couple requires the court to make adjudication. It will put some intellections about the res judicata of divorce judgment, through discourse the res judicata of divorce judgment.This paper have a total of five chapters, the main contents are as follows: The first chapter discuss the overview of the divorce judgment, China’s civil judgments concept of res judicata, the aspects of res judicata of China’s civil judgment. Its theory is to do an overview and theoretical discussion of res judicata and the divorce judgment. The second chapter introduces the scope of res judicata’s subjective of divorce judgment. The Identity relationship of the divorce judgment of res judicata’s subjective, the property relation of the divorce judgment of res judicata’s subjective and the raising children relationship of the divorce judgment of res judicata’s subjective. It aims to introduce that how the effect of res judicata to act on the divorce proceedings litigant. The third chapter introduces the objective scope of res judicata’s objective of the divorce judgment. Introduce separately the Identity rel