论消费者团体公益诉讼既判力的扩张

On Expansion of the Res Judicate of a Public Interest Litigation Filed by a Consumer Group

消费者团体公益诉讼既判力的主观范围原则上及于诉讼当事人,客观范围原则上及于判决主文。消费者团体公益诉讼具有维护公共利益、开展团体诉讼的特点,其既判力的主观范围应扩张至利益受损的消费者,以及其他有诉权的组织或团体;而客观范围应扩张至裁判理由部分。如果仅对消费者团体公益诉讼既判力作理论的扩张解释,仍无法满足司法实践需求,我国有必要完善多元化争端解决机制、消费者团体诉讼机制,以弥合制度设计、理论解释同实践需求间的差距。

In principle, the res judicate of a public interest litigation filed by a consumer group subjectively expands to the parties to the litigation, whist it objectively concerns the judgment in the text of adjudicate. Since a public interest litigation filed by a consumer group tends to maintain public interests by way of a group litigation, the res judicate of such litigation should subjectively expands to consumers whose interests have been prejudiced as well as the organizations and groups which have the right to litigate; the same should also extends to judicatory ground objectively. It is difficult to adapt to actual judicial practice if a theoretical expansion explanation is made only with respect to the res judicate of consumer group public interest litigation. China should perfect its diversified dispute resolution mechanism and consumer group litigation mechanism, all in an effort to narrow the gap between the system design and theoretical explanation and actual needs.