Research On Identification Of Civil Repeated Prosecution

In the judicial practice of civil litigation,in order to increase the probability of winning a lawsuit or for other purposes,the parties often bring the same lawsuit to another court after one lawsuit is brought.On the one hand,it increases the burden of litigation of the other party;on the other hand,it also causes the waste of judicial resources.More importantly,the same litigation will occasionally have different results in different courts,which greatly affects the judicial authority of our country.The concept of repeated prosecution was first mentioned in Article 247 of the Judicial Interpretation of Civil Procedure Law in 2015.This concept has played a great role in promoting the development of China’s civil procedure law.Due to the lack of research on the problem of repeated prosecution in China,both judges and lawyers are confused when they encounter the problem of civil repeated prosecution in judicial practice.Therefore,it is necessary to make a detailed study on the identification of civil double prosecution in China.Through sorting out the legislation and theory of identifying duplicate prosecution in the countries and regions of the two legal systems,it is not difficult to find that the countries and regions of the two legal systems have their own advantages and disadvantages in dealing with the problem of duplicate prosecution.Based on the current research on the issue of civil double prosecution in China,and on the basis of drawing lessons from western legislation and theory,this paper proposes to deal with the problem of identifying double prosecution in China from the following two aspects: one is the perfection of basic theory;the other is the perfection of identifying standards.