民事公益诉讼的裁判效力

On the Judical Effect of Civil Public Interest Litigation

民事公益诉讼的裁判效力是制度设计和司法实践运作的重点和难点问题。在裁判效力方面,民事公益诉讼与私益诉讼既有共通性又有一定的特殊性。应当从既判力扩张、禁止重复起诉、事实预决效力和执行力等四个方面构建民事公益诉讼裁判的效力体系。既判力的主观范围扩张至有权提起诉讼的其他机关和社会组织并具有向私益诉讼原告单向扩张的效力,客观范围不限于裁判主文中的判断事项而向判决理由部分扩张,时间范围适度扩张。裁判生效后再次起诉,构成重复起诉的,适用"一事不再理"规则。生效裁判认定的事实对私益诉讼具有预决效力。具有给付内容的生效裁判具有执行力。

The judical effect of civil public interest litigation is a crucial and difficult issue in institutional design and the operation of judicial practice.There are commonalities and dissimilarities between the judical effect of civil public interest litigation and the administrative public interest litigation. In order to build on the system of the judical effect of civil public interest litigation,we shall focus on the extension of res judicata,double jeopardy prohibition,the pre-determined effect of issue,the executive force of the judgment.The subjective scope of res judicata expands to some departments and social organizations which have the right to prosecute.It also tend to expend to the prosecutors unidirectionally in the administrative public interest litigation.As for the objective scope, It expands to not only the matter of judgement in the sentence but reasons of judgment partly and the time scope.Prosecution after producing judical effect will become a repeated suit,wich apply to the theory of Non Bis In Idem.The adjudged facts has pre-determined force to the administrative public interest litigation.enforcement power.Prestation decision has the executive force of the judgment.