民事判决既判力及其与我国再审制度的冲突和平衡

Civil Judgement's Restrict of Verdict and Its Conflict and Balance with the Re-trial System

如果说诉权论是关于诉讼出发点的理论,那么既判力理论可以说是诉讼终结点的理论.在我国,不论是现行民事诉讼法,还是通行的诉讼理论和迄今为止的审判实践均未正面涉及既判力的问题,使既判力论在我国面临诸多困境.其中我国的再审制度与之冲突更为明显.如何认识既判力以及缓和或解决该理论与民事诉讼相关问题的矛盾是值得我们探讨的.

If theories of suit rights are concerning the beginning of litigation, the theories of the restrict of the verdict are concerning its termination. In China, neither current civil procedures law nor current theories of liti--gation and treal practice involve the restrict of verdict positively, which mades the theories of the restrict of verdict face many problems. Especially its conflict with the re-trial system becomes more obvious. How to understand the restrict of verdict and solve its conflict with civil litigation is worth discussing.