行政判决与民事判决既判力根据之比较

A Comparison between Administration and the Basis of Adjuded Force of Civil Decision

既判力的根据所探讨的是当事人为什么受到既判力约束的问题。民事判决既判力的根据,理论界主要有制度效力说、程序保障下的自我归责说、双重根据说和国家审判权说。在行政诉讼中,由于行政相对人和行政主体是两种性质不同的当事人,因此,行政相对人和行政主体受既判力约束分别存在不同的根据。

Now that judging what the force basis discusses is an interested party why now that be sentenced to constrained force problem. Now that the basis, theory boundary being sentenced to force have system to render a service saying mainly, procedure ensures lower say, double ego imputation basis composing the quarrel, country judicial authority says civil court decision. In the administrative lawsuit, person and the administration main body are a different interested party of two kinds characters, the relative people of administration and the administration main body accept therefore since administration is relative, now that be sentenced to force there existing different basis in the difference restraining.