查找《元照英美法词典》可发现，res judicata对应的中文是“既决事项；既判力；一事不再理”，是指有合法管辖权的法院就案件作出终局判决后，在原当事人间不得就同一事项、同一诉讼标的、同一请求再次提起诉讼。法院作出的发生法律效力的判决是最终的决定。
具体含义也可参照其英文释义：
Res judicata (RJ) or res iudicata, also known as claim preclusion, is the Latin term for matter decided and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use res judicata to deny reconsideration of a matter.
The doctrine of res judicata is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of judicial resources. Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents litigants from multiplying judgments, and confusion.
双语例句
The complainant refers to domestic jurisprudence which indicates that, once an order for the dismissal of proceedings has become final, it has the force of res judicata.
申诉人提及国内判例表明，一旦驳回诉讼的命令成为最终裁决，即具有既决案件的效力。
The non-retroactivity of laws and its corollary, res judicata, are guaranteed by these excellent provisions on human rights.
法律的不溯及既往及其推定结果、已决案件的权威都由对人权做出详细规定的该条款提供保障。
One is presumed innocent and treated as such until a res judicata conviction has been delivered.
在某一案件判决之前，嫌犯是被推定无罪的，此推定维持至基于一事不再理原则的判决作出为止。
Even though the regional human rights courts may in a broader sense be considered monitoring bodies, they are included in the second category because their decisions constitute res judicata.
尽管区域人权法院可能在更广泛的意义上被视为监督机构，却被列入第二类，因为这些机构的决定构成既判力。
转载自：旗渡译问网站 作者：旗渡多语信息中心（出海资讯定制）
