論離婚判決的既判力及其程序保障

On the Res Judicata and procedural Safeguards of Divorce Judgment

與普通民事判決相比，離婚判決的特殊性在於：判決內容具有複合性、裁判價值取向具有多元性、判決效力具有擴張性、裁判法律效果具有社會性。離婚判決的既判力有多種下位效力，其中，再訴禁止效力、遮斷效力和預決效力具有一定的特殊性，需要結合離婚判決的具體內容進行分析，並要為受離婚判決效力影響的主體設置相應的程式保障措施。Compared to common civil case, contents of divorce judgment are compounded and the value orientation in judicatory process has its pluralism. The effect of judgments is expansionary and the final legal consequences are social. Res judicata of civil judgment has many effects derived. The divorce judgment bans advocating the same dispute again, prevents post-litigation and has its prepotency while there is a particularity. The particularity should be analyzed on the condition that contents of divorce judgment are considered. As the res judicata of divorce judgment has a lot kinds of effects derived, procedural safeguards should be set to protect parties bound by the effect of divorce decree.