摘要
对美国民事既判力的效力进行研究和评述,指出原则上判决既判力的效力对象只能指向该判决所拘束的各方当事人,但在特定的情形之下,出于对诉讼经济以及司法判断一致性等因素的考虑,亦有必要使判决对非当事人产生效果。此种非当事人在美国法上主要包括虽未参与诉讼但与一方当事人处于利益共同体关系中的利害关系人以及与任何一方当事人均利益无涉的非利害关系人。
The effects of res judicata in America are studied and reviewed. It is pointed out that, as a general proposition, a judgment can bind only persons who are before the court, but in particular situations, with the consideration of judicial efficiency and judicial coherence, it is necessary to make some person not parties in any sense be bound in some ways by a judgment. This kind of nonparties in American law includes privies which are in privities with a party in the former proceeding and strangers which are having nothing to do with a party in the former proceeding.
