论基准时之失权效性质

判决的既判力又被称为实质的确定力，以什么时点上确定的作为诉讼标的之权利和法律关系对后诉产生影响是认定这种“确定力”的范围和作用的关键，所以，基准时的概念被引入并且占有举足轻重的地位，同时，因不同的诉讼标的理论既判力的遮断效的范围不同，因此在区分遮断效与失权效的基础上，具体分析了新旧诉讼标的理论下基准时之失权效的既判力效果和确定判决效果两种性质。

On the Quality of Effect of Right Loss of Reference Time

The adjudged force of judgment also named the real determined force. The influence of right and law relationship of time of litigation on the later appeal is the key to determine the scope and the function of the determine force. So the concept of reference time was introduced and had important position. At the same time, the different theory judicata of litigation leads to the different scope of interrupting. So based on the distinction between the interrupting effect and the effect and right loss, the two properties of the effect of res judicata effect and the effect of the judgment were analyzed in detail under the old and the new the-ory of the subject of litigation and the quality of effect of right loss of the reference time.