On The Establishment Of Civil Litigation Insurance System In China

Supreme People’s Court announced "On the Application of Civil Procedure Law" in January 30,2015,which explicitly incorporate repeated litigation into the rules object through article 247,it clearly states that we should prohibit repetitive proceedings,and foolproof list three judgments of the criteria for repetitive litigation.It provides guidance and material for the judgment of judicial action of repetitive litigation in our country and the study of theoretical scholars.Its publication ended the embarrassing situation that the judgment of repeated litigation has no laws in our country,and make up the legislative blank of this part in our country.But,does this mean that the provision is impeccable? Whether it is not worth discussing the provisions of the repeated rules of judgment? The author will analyze the contents by the four chapters,to express the author’s own idea of the criteria for repeated judgments.The first chapter mainly discusses the realistic situation of repeated procedural judgment standards in China’s civil procedure law,including the current situation of legislation and the current situation in time operation.Through it,hoping that we can have a generally and intuitive understanding of the judgment of repetitive litigation.And then,we can make the next analysis.In the second chapter,we mainly discuss the theoretical basis of the establishment of the criteria for repetitive litigation judgment.In other words,it is to discuss that the elements of repeated lawsuit in China,and the reason why we should use these elements to define and why we no use other elements to define? The theory mainly involves litigation subject,litigation department,litigation dispute,litigation request and so on.The third chapter is mainly focus on the reflection of the current standard of repetitive litigation in our country,including the reflection on the value of the parties,the reflection on the concrete application of the litigation subject,the reflection of the litigation request,and the reflection of the litigation department.Finally,the author briefly introduces the contents of the criteria of repetitive litigation in foreign countries,which aims to make a reference for the perfection of judgment criteria in China.The fourth chapter is to discuss the perfection of the judgment standard of repeated litigation of civil litigation in our country,and gives some suggestions to improve the criteria for repeated procedural judgment in our country.The author will start from two aspects,one is that the prohibition repetitive judgment criteria of the preceding proceedings,another one is that the prohibition repetitive judgment criteria after the preceding litigation takes effect.And then,we will discuss the treatment measures of these two stages’ judgment criteria,making the standard more intuitive and clear.