Research On The Identification And Regulation Of Civil Repeated Litigation

With the explosive increase in the number of civil lawsuits,China is facing a situation of tight judicial resources.Repeated litigation will cause a serious waste of judicial resources in civil proceedings,produce conflicting judgments,and reduce judicial credibility.Therefore,the research on the prohibition of repeated litigation has become the focus of research in the field of civil litigation.The Supreme People’s Court issued Judicial Interpretation[2015]No.5 in 2015.Among them,Article 247 for the first time made explicit provisions prohibiting repeated litigation.Regulatory scope of repeated litigation.The promulgation of No.[2015]No.5 provided a unified operating standard for the application of the prohibition of repeated litigation in the field of judicial practice,which is a huge progress in the field of civil litigation.However,the provisions of Article 247 of[2015]No.5are not perfect.Through the analysis and summary of relevant judgment documents,it is found that even though the legal interpretation of the prohibition of repeated litigation is clearly stipulated in Article 247 of Faji [2015]No.5,in judicial practice,different courts still have diversified identification standards and litigation for repeated litigation.Issues such as the confusion of the subject matter and the difficulty in defining the litigation request have affected the accurate application of the prohibition of repeated litigation in judicial practice.Stones from other mountains can attack jade.This article provides a useful reference for China’s prohibition of repetitive litigation system by comparing the existing theories and regulations of repetitive litigation between civil law systems and common law systems.Provide a clear and practical unified standard for the prohibition of repeated litigation.The subject of litigation is the key to the study of repeated litigation.Only by determining the theory of the subject of litigation and clarifying the concept of the subject of litigation can an accurate judgment be made as to whether the subsequent suit is a duplicate suit.This article believes that the old theory in China is more suitable for China’s judicial status than the theory of other litigation subjects.Therefore,we should return to the old saying in China.The concept of litigation request is defined as the concreteness of the parties’ claims,and the litigation request is regarded as a concept of the same rank as the subject of litigation.Based on the manifestation of litigantism,the effectiveness of refereeing is limited to the main body of the verdict,preventing excessive delays in litigation and avoiding surprise refereeing.Regarding the regulatory measures prohibiting repeated litigation,the scope of interpretation of the judge’s right of interpretation was detailed based on the purpose of civil litigation for the one-time settlement of disputes.It is clear that the boundaries of the judge’s right of interpretation should be limited to the party’s right of disposition.Through the introduction of the combination of litigation and the intermediate judgment system,different regulatory measures are required for repeated litigation at different stages.Resolve disputes in one lawsuit,achieve litigation economy,and avoid conflicting judgments.