论诉讼判决的既判力

On Res Judicata of Litigation Judgments

诉讼判决是否有既判力的问题,就我国而言,讨论尚不充分。既判力的本质是前诉法院作出的确定判决在诉讼法上直接拘束后诉法院不能作出与前诉判决相矛盾的判断,既判力的根据归根到底是法院审判权和当事人诉权的相互勾连。本文在此基础上,试从肯定诉讼判决在满足一定的条件下具有既判力的立场来分析我国不同诉讼判决的既判力,以满足诉讼制度和司法实践的需求。

As far as China is concerned, it is not fully discussed that whether the litigation judgments is provided with res judicata. The essence of res judicata is that the determined judgment made by the former court directly restrains the judgment made by the latter court, which can＇t contradict with the determined judgment. After all, the basis of res judicata is the interrelations between the jurisdiction of courts and the right to appeal of parties. On that basis, this article analyzes the res judicata of different litigation judgments in China to meet the needs of the litigation system and judicial practice from the standpoint of making sure that litigation iudgments have the res iudicata under certain cnnditions.