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随着经济社会的发展,既判力扩张的呼声越来越多,其中争点效理论尤其受到欢迎。文章从争点效理论的前提条件和特征出发,探讨其在我国民事诉讼制度中推行的可行性。
With the economic and social development, there are more and more voices of rescuing the res judicata, among which the theory of debating efficiency is particularly welcomed. The article starts with the preconditions and features of the theory of dispute effectiveness and discusses the feasibility of its implementation in China’s civil litigation system.