既判力理论与我国民事诉讼法中审判监督程序的冲突及解决途径

How to Settle the Conflict between the Unchangableness Theory and China's Procedure for Trial Supervision in the Civil Procedure Law of PRC

既判力理论的核心在于拘束法院及当事人不得轻易动摇已发生法律效力的判决 ,以维护程序的安定性和法律的和平性。这与我国民事诉讼法当中审判监督程序的有关规定存在着不小的矛盾。合理解决这一矛盾要从探讨并运用既判力理论的本质和法律价值入手 。

As the unchangeableness theory constrains the courts and the parties involved from easy changing the judgment with legal validity, both the invariability of the procedure and peacefulness of the law are safeguarded while the regulations concerned in the procedure for trial supervision of the Civil Procedure Law of PRC are against.How to settle the conflict reasonably should begin with studying and handling the essence and legal value of the unchangeableness theory. An all-around approach is suggested.