Research On The Prohibition Of Repeated Suits In Civil Procedure

Introduction:First of all,the paper introduced the development and operation of prohibition of repeated suits in foreign countries from the current situation of legislation.And on this foundation,the author reflected on the shortcomings of our judicial and legislative issues.Secondly,the author summed up the core issues should be studied with the aid of analysis of The Judicial Interpretation of Civil Procedure Law of China(2015).Thirdly,in order to lay the foundation theory of this paper,the author sorted out the relevant literature and summed up the pros and cons of them.Finally,the author indicated the route and innovation of this study in the methodological point of view.Chapter I:An overview of the prohibition of repeated suits in civil procedure.The first section discussed the origin,development and evolution of the prohibition of repeated prosecution system.Then the author recognized the value of prohibition of repeated suits under the theoretical consensus of the academic community.The author analyzed the basic concepts in the second section,such as"prohibition of repeated suits","ne bis in idem","res judicata".And the author discriminated the similar concepts among the administrative litigation and criminal litigation.And then,this paper set up a basic and unified platform for the demonstration and academic dialogue on the basis of the concept definition.In the third section,the author made a detailed analysis of the current situation of our country’s legislation and judicial status of prohibition of repeated suits.At last,the author mined and refined the problems and the scope and direction of this paper.Chapter II:The general recognition criteria for repeated suits.The core issue of this research was to make out a standard to determine whether the lawsuits that filed by the parties is a double prosecution.And The first section discussed the components of repeated prosecution.Firstly,we needed to classify the basic types of repeated suits according to the judicial practice.Secondly,we should choose the appropriate path of identification on the basis of classification discussion and the theory of constituent elements.Finally,selected the "Two Elements Theory" as the basic framework of this paper.The second and the third section respectively analyzed the main elements of the subject and the object of action.In particularly,it made a detailed review of the old and new theory of the object.The author chosen the doctrine of old substantive law as the basis for the identification of the object to cater to the purpose of the prohibition of repeated suits and the judicial practice.Chapter I:A detailed discussion of the prohibition of repeated suits.Learning from previous research,this chapter would conduct a study on the classification of repeated suits and divide the repeated actions into the stage of pending litigation and the stage after the judgment.In the stage of pending litigation,many factors influenced the judgment of repeated suits,such as the beginning and the elimination time of pending litigation,the elements of the defense of pending litigation,etc.After the determination of the judgment,there were also many factors have profound impact on the scope of the prohibition of repeated suits,such as the subjective and objective scope of res judicata,the standard time,and so on.With the trend of the expansion of res judicata in recent years and under the guidance of the theory of point effect,the system of prohibition of repeated suits had been used as a footnote to the solution of the dispute resolution once and for all.In personnel status litigation,the subjective scope of res judicata had impact on both litigants and others.Chapter IV:The problem of repeated suits under special circumstances.Because of the limitations to the general recognition criteria,there were many disputes in the identification of repeated suits in judicial practice.Therefore,the author summarized the common unconventional litigation cases in practice in this chapter,and analyzed the repeated suits in the matters that needing attention and operational standards according to different theories.In the first section of this chapter,the author discussed the legitimacy of "The Partial Claim" lawsuit,and the judgment of repeated suits under different theories.In the second section,the author discussed the problem of sequela in the tort disputes,the reconciliation in the lawsuit and the new facts in the execution procedure,and especially the new facts of the scope and treatment measures.In the third section,the author made a deep discussion on the repeated suit of the type of confirmation,especially which had a prior legal relationships between lawsuits.In the fourth section,the paper discussed the repeated suit in countervailing litigation.Chapter V:The dilemma and breakthrough of the construction of the system of prohibition of repeated suits in China.In the first section of this chapter,the author summarized the practice and theoretical difficulties of the system of prohibition of repeated prosecution in china on the basis of previous discussion.The second section was devoted to clarify the goal orientation of our country’s prohibition of repeated suits system when we had the overall understanding of the status quo.After that,the author made a systematic construction of the prohibition of repeated suits,especially made re enactment and interpretation of the 247th and 248th of The Judicial Interpretation of Civil Procedure Law of China(2015).The third section was to improve the existing system from the micro level,such as the construction of system to solve the problems caused by conflicts of rights,"The Claim Joinder",and"The Intermediary Affirming Judgment".Conclusion:Summarized the full text and reiterated the core arguments and conclusions once again.