“纠纷事件”:美国民事诉讼标的理论探析

“Transaction”: A Study on the Subject-Matter of Dispute in America

美国民事诉讼标的理论旨在探讨和确定"纠纷事件"的内涵外延及其在实务中的理解适用。"纠纷事件"标准起源于对普通法程式诉讼的背反,意在实现"诉讼内容广泛-既判力范围宽阔"的新制度均衡。该标准被适用于诉的合并、回溯性修改诉状、附随管辖、既判力等多个程序领域,构成贯穿诉讼始终的基石性概念。随着社会发展与纠纷形态的改变,宽泛且一元的"纠纷事件"概念逐渐引发理论争议。识别不同程序领域下影响或形塑"纠纷事件"的政策考量因素,并结合具体程序场景致力于确定它的应有含义,是美国法学界新近的理论主张。

American legal scholars who are interested in the field of subject-matter of dispute always focus on the definition of ＂Transaction＂ and its application in practice. ＂Transaction＂ as a legal standard originated from equity against law and was expec- ted to maintain the balance of extensive case merits and broad preclusion effect of judgments. This standard has been applied to different procedure areas, such as Claim and Party Joinder, Relation Back of Pleading Amendments, Ancillary （Supplemental） Jurisdiction, and Claim Preclusion. It is regarded as a backbone of civil procedure in America. However, as American society and civil disputes become more and more complicated, it seems impossible to apply one single definition of ＂Transaction＂ to all different procedure areas. This article refers to the latest research achievement on this subject in America, aims to discern policy factors affecting its definition, and discovers its connotation and denotation in separate procedure areas.