人事诉讼判决效力的扩张与第三人程序保障

为保持身份关系的稳定,实现社会秩序的和谐,诸多国家都赋予了人事诉讼判决的对世效力,它是判决"相对效原则"的例外。通过检察官参与人事诉讼、限制适用辩论主义、实行职权探知等特别"法则"的施行,为人事诉讼判决既判力的扩张提供了依据。但从施行这些特别法则国家的司法实践来看,难以实现对案外第三人利益的保护。在固守人事诉讼判决"对世效力"为基本原则的同时,应另辟它路实现对法律地位受到影响的第三人的程序保障。

Extension of the Effect of the Judgment in Domestic Proceedings and Procedural Protection of the Third Party

In order to stabilize family relationship and maintain harmonious social order,in many countries,judgments in domestic proceedings are deemed effective toward everybody,an exception to the principle that they merely have relative effect as to the parties.Application of some special rules such as participation of public procurators,restraint of adversary procedure,and adaptation of inquisitorial procedure,etc.will lay a foundation for extension of claim preclusion in domestic proceedings.However,the interest of the third party seems difficult to be protected with a view to the judicial practice in the countries that have applied these special rules.While maintaining that the judgment in domestic proceedings shall be effective to everyone,we should find some way to provide procedural protection to the third party whose legal status is impaired.