英烈保护民事公益诉讼的判决效力

Judgment Effects of Hero and Martyr-Protection Civil Public Interest Litigation

基于英烈保护民事公益诉讼在保护法益、制度功能、纠纷主体范围以及程序规范解释法理等方面的特殊性,有必要扩大英烈保护民事公益诉讼的判决效力。厘清本诉及其中不同诉讼请求的特性后,可将本诉判决效力扩大的法理根基以及相应的路径分为判决在事实上的反射作用、诉讼担当以及判决效力对英烈近亲属的有利扩大三类。从判决效力种类及主客观范围来看,本诉判决效力扩大的具体形态包括判决效力依随诉讼标的扩大、既判力主观范围依据诉讼担当扩大、预决效力主观范围扩大和执行力的相应扩大。同时也需要统合、协调周边程序制度,与判决效力扩大形成配合态势。

Based on the special nature of hero and martyr-protection civil public interest litigation in the protection of legal interests,the institutional function,the scope of subjects in dispute and the interpretation theory of procedural norms,it is necessary to expand the scope of judgment effects. After clarifying the nature of the lawsuit and different claims of this lawsuit,the judicial basis and corresponding paths for the extension of the scope of judgment effects can be divided into the factual refection effect,litigation in one ＇s own name on another＇s behalf and the extension of the scope of judgment effects for close relatives of the hero and martyr outside the lawsuit. Thus,from the perspective of the types of judgment effects and subjective or objective scope,the specific forms of the expansion of extension of the scope of judgment effects include the extension along with the subject-matter of the case,the extension of the subjective scope of the judgment caused by litigation in one＇s own name on another＇s behalf,the extension of the subjective scope of the proof effect by facts that have been ascertained by legally-binding judgments/rulings rendered by people＇s courts,the executive effect. Meanwhile,it needs to integrate and coordinate the peripheral procedures system and form a coordinated situation with the expansion of the scope of judgment effects.