论民事既判力效力对司法公信力的影响-民事诉讼法专业论文.docxVIP

II II Abstract “The first lawsuit is the best” and “non bis in idem” as the principle of Roman law are the Concept of res judicata under Continental Legal System, it becomes a basic and more mature theoretical categories with its development. The implication effect of the res judicata’s effect are that prohibit the parties repeated prosecution 、 against judge repeated accept and judge cases and pre- decision effectiveness. Claim excluded and issues estopped in Common law have the same actionable value with res judicata. One of the res judicata’s effect is to prohibit the parties separately litigate malicious or undeservedly, the other is if the issue that the parties has been substantial controversy dispute in the proceedings and review determines and dispute by the court, cannot be used in other proceedings. Compare to the two legal systems, our theoretical community about the study of res judicata’s effect is quite scarce; the civil res judicata’s effect of our country is based on Continental Legal System and Common law. Judicial credibility be as a relationship with dynamic, balanced and mutual evaluation between the judicial and public, res judicata’s effect with its finality to directly and indirectly impact Judicial credibility, Maintain the finality of res judicata’s effect in order to enhance the Judicial credibility, should establish legislative philosophy of res judicata’s effect, give the defense right to the defendant, set strict standard of court review. On the other hand, the coordination of civil res judicata’s effect maintains external and internal coordination. The most important is the process of civil res judicata’s effect deeply impact judicial credibility, achieve the purpose of promoting Judicial credibility, generating process is not only to emphasize the equality of rights and obligations in process, but also requires distinguish process and deploy plenary, Invoke process should to rule the process, break process also should strictly control