困境中的思考:刑事判决既判力浅析

既判力是现代诉讼的基础性理论之一。它不仅在保障判决的确定力和约束力方面承担着重要的使命,而且在维护司法权威、法的安定性和秩序的稳定性方面,以及在保障基本人权和实现诉讼经济方面发挥着不可替代的作用。但在我国,刑事判决的既判力并没有受到理论界和实务界的充分重视,致使判决既判力难以发挥其应有的作用。因此,应当根据当前的状况进行分析和研究,使刑事判决既判力从目前的困境中得以解脱。

Considering in Predicament: Analyzing the Adjudged Force of Effective Criminal Judgment

The adjudged force is one of foundational theories in modern lawsuit.It not only undertakes the important mission in assuring the determining force and the binding force,but also plays the irreplaceable role in the maintenance of the authority of judicature,stabilization of legal system and the stability of order as well as in safeguarding basic human rights and the realization of lawsuit economical.But in our country,the adjudged force of effective criminal judgment does not attract enough attention to the theorists and the practitioners, which makes it difficult to realize the function of the adjudged force of effective criminal judgment.Therefore,it should be analyzed and researched according to the current condition,in turn,the adjudged force of effective criminal judgment is able to extricate from the current predicament.