The Study Of The System Of Prohibiting Repeated Litigation

In 2015,the constitutive requirements for three kinds of repeated litigation are stipulated in the Judicial Interpretation on Applying the Civil Procedural Law of the Supreme People’s Court,which have same parties,same objects of litigation,same claims,or the claim of the latter litigation denying the judgment of the former one in nature.The prohibition of repeated litigation has come to be brought into legal provisions,which fills in gaps in legislation and provides legal basis for making theoretical research and judicial practice of the prohibition of repeated litigation.In connotation,the prohibition of repeated litigation should include two situations,prohibiting the repeated litigation in the category of litigation as well as prohibiting the repeated litigation after making the effective judgment of prohibition.However,with the continuous development of society,the judicial practice tends to be diversified and complex.One single provision in judicial interpretation is inadequate for dealing with various problems of prohibiting repeated litigation.By making comparative research of the system of prohibiting repeated litigation of the United Kingdom,the United States of America,Germany,and Japan,it can be easily found that the attitudes towards restricting repeated litigation are same,though the presentation in legislation are different in these countries.We should learn advanced experience from the legislation of foreign countries,bring the guiding effect of judicial precedents into full play,deal with the cases of repeated litigation flexibly,to make the system improved and perform its due functions in the judicial field of civil litigation.