论关联民事诉讼的合理规制  

An Analysis of Reasonable Regulation of Interrelated Civil Litigation

作　　者：王德新[1] 杨恩乾[2] 

机构地区：[1]山东师范大学法学院,山东济南250014 [2]上海市第二中级人民法院,上海200070

出　　处：《苏州教育学院学报》2012年第4期71-75,79,共6页Journal of Suzhou College of Education

摘　　要：随着民事、商事法律关系日益复杂化,当事人利用关联诉讼进行恶意诉讼、欺诈诉讼的现象呈蔓延趋势。受前苏联诉讼理论的影响,我国司法实践中存在判决效力绝对化的观念,导致法院在处理关联诉讼时面临困境。司法解释对于前诉判决认定的事实在后诉中仅简单地以免证事实来处理,为不诚信当事人制造关联诉讼提供了可乘之机。确立判决效力的相对性观念,对于已经发生法律效力的法院裁判所确认的事实,原则上仅约束案件当事人,其对后诉法院的拘束力也应当仅限于前后诉当事人相同的情形,可以为法院处理关联诉讼提供合理的裁量空间。规范判决书的书写,明确判决理由部分对于事实的认定,限制不当扩大认定事实的范围,严格民事诉讼中的程序制裁措施,都有利于规制不当的关联诉讼。With the development of complexity of civil and commercial legal relation, the tendency that the parties proceed malicious litigation and fraud litigation by interrelated litigation is getting worse. Due to the effect of litigation theory of the former Soviet Union, there exists a concept of regarding the resjudicata as absolutely right in Chinese judicial practice, which leads to a dilema faced by courts in handling with interrelated litigation. The facts determined by former judgment are simply treated by judicial interpretation as facts exempted from evidence, which provides an opportunity for dishonest parties to proceed interrelated litigation. Courts could be given reasonable flexible discretion by extablishing the concept of regarding the judgment force as relatively right and that the facts determined by judgment with legal force which has taken effect can only have binding force on the parties of the case, and the binding force on the later litigation court should only be restricted to the same binding force on the parties of both former and later litigation. It is to the interest of regulating improper interrelated litigation by standardizing the content of court verdict, clearly defining the confirmation of fact on the reason of judgment part, restricting the amount of facts determined by improper confirmation, and making strict procedural sanctions on civil litigation.

关 键 词：关联诉讼 民事诉讼 合理规制 

分 类 号：D925.1[政治法律—诉讼法学]