Abstract

Contents in a civil judgment on the merits will affect a subsequent relevant action in different ways，which produces a various kind of judgment effects.For all these effects of judgment on the merits，major countries around the world have already，for better and worse，built up their own systems in relatively explicit manner，in order to make the application of effects of judgment suffer less ambiguity and put things in good order，thus making justice predictable for parties.In China，however，we wouldn’t find any fine system for effects of Judgment.Only res judicata in term of repetitive litigation prohibition and pre-determined effect which means that facts decided in effective judgments are in no need of proof unless there are valid counterevidence，could be found in legal rules or judicial interpretations in our country.In judicial practice，these two effects are applied widely and confusedly.In legal theories，Chinese scholars mainly bring in institutes or theories from foreign countries，without clarifying different concepts，especially the dividing lines and relevancy.More importantly，existing studies fail to build up a complete system for effects of judgment in the context of China.A research on systemization of effects of judgment in China with a perspective of comparative law is the plan to solve problems brought up above.A perspective of comparative law is necessary because，on the one hand，basic institutions and legal theories on Chinese civil procedure and civil law as well were borrowed from civil law countries，especially Germany and Japan.On the other hand，foreign institutes and theories could offer concepts，frames and ways of thinking for this research.Meanwhile，the more important part in this research is about effects of judgment in China，consisting of explanations for relevant legal rules，categorization and analysis of cases，and in the end bringing up groups of question in the context of China in logical order.The comparative perspective is always linked with the approach of localization，in the way that one brings in new knowledge，and the other decides standard of choosing resources and the direction of research.The result of this research on systemization comes out as a system of effects of judgment in China.The basic concepts applied in this dissertation as standards for systemization are identity and the pre-judged（“Präjudizialität” in German）.Different relationship between two actions（the former and the latter）can be put into combination of these two categories，and different combinations bring out different effects of judgment.By defining identity and the pre-judged，contents，and elements（“Tatbestand” in German）legal consequences of different effects of judgment will be clarified correspondingly；in the meantime，in this system boundaries between different effects could be drawn.In China，preclusion of res judicata demands both subjective and objective identity；binding effect of res judicata demands subjective identity and objective Präjudizialität，we should also recognize participating effect by which judgments bind subjects who have had opportunities to be heard in the former action.Besides，subjective identity and subjective scope of res judicata need to be studied separately，because the former only decides part of the latter.Subjective scope of res judicata also deals with subjects who were not parties of the former judgment but would be bound by the judgment.Also，the factual influence of judgment upon parties and non-parties should be categorized by considering different relations between objects of two actions.In such way，we could get a system of effects of judgment in China，the construction of which is main line of this dissertation.At the same time，as a subline，there is some study on institutions of subject matter and parties in an action which are related to effects of judgment.

Key words：Effects of Judgment in China；Systemization；Perspective of Comparative Law；Interpretation of Rules；Categorization of Cases