Reconsideration on the System of Res Judicata in China's Civil Procedure

As a fundamental system in modern civil procedural law,res judicata refers to the procedural consequence of final and binding judgment,which has been transplanted from Soviet Union and localized in China.But due to many reasons,the significance and rationale of res judicata has not been realized and revealed.Based on review of the evolution of res judicata system in China's civil litigation,this article puts forward that the res judicata system should be reformed and improved by combining together the form of it transplanted from Soviet Union and the substance of it in German and Japan' s law.