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既判力是大陆法系民事诉讼法学的基本理论范畴,主要是以其客观范围为核心。既判力客观范围是以确定判决中所裁判的诉讼标的为限的,它涉及诉讼标的、判决理由、诉权等多项诉讼法学理论,是研究既判力理论必须经过的桥。在诉讼标的和诉权理论不断发展,判决理由进一步充实化的今天,对既判力客观范围的深入研究也势在必行。
The res judicata is the civil law jurisprudence of civil law, the basic theoretical categories, mainly its objective scope as the core. The objective scope of res judicata is limited to determine the object of litigation in referee judgment. It involves a number of procedural jurisprudence theories such as the subject matter of litigation, the reasons of judgment, the right of action and so on, which is the bridge through which the res judicata theory must go through. In the process of the subject of litigation and the continuous development of the litigation right theory and the further substantiation of the judgment, an in-depth study on the objective scope of res judicata is also imperative.