Recognition of Res Judicata and the Civil Retrial Process——With the revised civil procedure law in the context
Zhang Lin
Abstract
Zhang Lin
Abstract
Res judicata is a theory that ensures the finality of the civil judgment,whereas the civil retrial is a system which repels the legal effect of res judicata thus undermines the finality of the civil judgment.It seems that there's a conflict between them.In fact,they share the same goals——judicial fairness.To balance res judicata and retrial system,we must abandon the factual and realistic work style and set up the view of procedural justice,then perfect the civil retrial process.
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Res judicata is a theory that ensures the finality of the civil judgment,whereas the civil retrial is a system which repels the legal effect of res judicata thus undermines the finality of the civil judgment.It seems that there's a conflict between them.In fact,they share the same goals——judicial fairness.To balance res judicata and retrial system,we must abandon the factual and realistic work style and set up the view of procedural justice,then perfect the civil retrial process.
Key concepts: Res judicata, Civil procedure, Law, Political science, Context (archaeology), Economic Justice, Work (physics), Process (computing)