On Perfection Of China’s Prohibition Of Repeated Litigation

For a long time,in the Civil Procedure Law of civil law countries（regions）,the principle of non-reconciliation has played an important role.In recent years,the concept of ignorance has gradually been replaced by the prohibition of duplication of lawsuits.Germany,Japan,and Taiwan in China have conducted more in-depth studies on the issue of prohibition of double-action lawsuits,and have made considerable achievements in the system.However,there are no legal provisions related to this before in our country.Until the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the “Judicial Interpretation of the Civil Procedure Law of 2015”)promulgated in 2015,the The litigation’s identification standards and handling methods are stipulated.Although this provision makes the prohibition of repetitive lawsuits have legal basis and fills in institutional gaps,at least at present,at least at present,the article descriptions are rough and incomplete,and they are inconsistent with the operating standards used in previous practice to identify duplicated lawsuits.In the judicial practice,this identification standard was not completely adopted,and the judicial interpretation provisions were not in line with the judicial practice,and did not fully achieve its legislation.Therefore,this paper intends to combine the specific development process in our country and the operation in practice,focusing on the problems in the application of repetitive lawsuits.At the same time,it draws lessons from the relevant institutional theories of the civil law system and the Anglo-American legal system,and hopes to promote the prohibition of repeated lawsuits.The application of the system puts forward some of its own opinions and opinions.In addition to the introduction and conclusion,this paper is divided into four major parts,analyzing the development of the system in China and the current problems,and put forward relevant countermeasures and suggestions.In the first part,first of all,through the search for existing legal provisions,enumerating four typical examples of judicial practice,using the recognition criteria of the repeated prosecution stipulated in Article 247 of the judicial interpretation of the 2015 Civil Procedure Law,a simple assessment was made.It is difficult to find that in the current judicial practice,there are very few cases in which strict standardsare used to identify duplicate lawsuits.When judges determine whether they constitute duplicate lawsuits,they still use the prejudication method before judicial interpretation and comprehensively consider cases.The fact that there are many factors such as the factual reasons,the subject matter of the lawsuit,and the request for litigation,the disconnection between the judicial and practical issues undoubtedly made it difficult for the development of the repetitive lawsuit system,and it only depended on the understanding of the parties involved in the actual case and the same subject matter of litigation.It is not enough to determine the provisions of the law itself.This requires us to make a deep analysis of the essential issues that exist in the appearance of the performance.In the second part,through the analysis of the first part of the case,we can find that there are still many problems in the recognition of civil lawsuits in China.The reason for this may be that the academic community is involved in litigation subject matter,litigation claims,litigation targets and litigation claims.The relationship is still doubtful,and a unified view has not yet been formed.The difference in the judge’s comprehension of the elements that constitute repetitive prosecutions may make the court’s determination of duplicate lawsuits different,eventually leading to the emergence of contradictory judgments,which will undoubtedly damage the legitimate rights and interests of the parties.It affects the judicial authority;and the judicial interpretation of the Civil Litigation Law is too monotonous in dealing with cases that constitute duplicate litigation cases.This undoubtedly brings many difficulties to the identification of duplicate litigations and requires us to conduct detailed research and refinement of duplicate litigations;In the third part,the relevant provisions of the civil law countries and regions and the Anglo-American law system countries on the repeated litigation are relatively complete,and the institutional guarantee and procedural guarantee are relatively complete,which provides the theory and system for the perfection of the duplicate litigation system in China.Protection.In view of the deficiencies in our country’s prohibition of double-repetition lawsuits,based on the premise of the improvement of basic theories,we discuss the perfection of the recognition standards for repeated prosecutions,and draw lessons from the provisions of other countries in the civil law system on the application of repetitive lawsuits and related theories to enrich the repetition of lawsuits.The relevant content of the system.In the fourth part,there are few theoretical researches on repeated litigation systems in our country.In order to better identify the duplicate lawsuits,we must construct a complete theory of repeatedlitigation systems to provide a substantial theoretical basis for the court to judge the composition of duplicate lawsuits;judicial interpretation The provisions on the prohibition of double-repetition lawsuits are not sufficiently detailed,and there are differences in the understanding of relevant concepts.This requires us to appropriately select suitable ideas and apply them to judicial practice based on the relevant concepts.Moreover,a series of supporting systems need to be established for the repetitive litigation system in order to better apply the relevant provisions of judicial interpretation.