Compared with the approach of the Continental legal system based on the theory of res judicata in the treat-ment of the exercise of the power formed after the establishment of the standard of judicial power,the current ap-proach in China,based on the principle of"Non bis in idem",will lead to the relative implications of the subject matter of the litigation and the expansion of the objective scope of res judicata.Therefore,it is more reasonable to in-troduce the theory of res judicata from the Continental legal system.In order to establish rules for the application of the theory of res judicata in the exercise of the power formed after the establishment of the standard,it is necessary to reform the existing rules on repeated litigation in China and utilize the function of the existing"substantive denial"rule to establish the criteria for the application of res judicata in China,ultimately achieving a substantive analysis of the exercise of the power formed after the standard is established.
关键词
既判力/形成权/遮断效/实质否定/重复起诉/一事不再理
Key words
res judicata/right of formation/interdiction effect/substantive denial/repeated suits/non bis in idem
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