A Study On The Prohibition Of Repeated Or Parallel Litigation In International Civil Proceedings

Procedural law scholars usually state the theoretical basis that limits a party not to re-apply in a case which has already been accepted by a court or has already entered a judicial sentence as the doctrine of prohibiting repeated litigation,which also stated as ne bis in idem.This doctrine could save courts from intervening in same lawsuits repeatedly,and could also protecting parties from wasting time,energy,and money from running back and forth between the courts of different places.It also saves the courts from repeating trials of the same case,thereby avoiding conflicting judgments between different courts on the same case,which is also conducive to maintaining judicial justice.Since most countries have mandatory legislation to clarify the jurisdiction of domestic litigation,there has basically no repeated litigation in the environment of a pure domestic law system.However,when the scope of the dispute covers multiple countries,the parties usually choose courts in different countries in order to maximize the interests of their litigation while countries have not reached a consensus on the jurisdiction of international arbitration,it is common for different countries to assert jurisdiction over a same dispute.Therefore,the issue of repeated litigation in international civil litigation has also arisen.In addition to the introduction and conclusion,this thesis is mainly divided into four chapters.The first part mainly introduces the status of international repeated litigation in China.Including the review of legislation and the signing of international treaties and a comparative analysis of domestic and foreign systems.In this way,this thesis analyzes the possibilities of applying various solutions that proposed by Chinese scholars,and explores possible solutions from the international perspective at the same time.The second part focuses on finding and clarifying the causes of repeated prosecutions in international civil proceedings.The third part is the study of international repeated litigation.Contains the constituent standards of international repeated litigation,the discussion on the rationality of prohibiting international repeated litigation,and the analysis and judgment of different doctrines.In this chapter,the author attempts to clarify the theoretical basis for the prohibition of international repeated litigation including the principle of affiliation and the principle of res judicata.The fourth chapter is mainly about the idea of perfecting the route of prohibition of international repeated litigation.This scheme synthesizes the understanding and response of various countries to the international repeated litigation problem.Within the basis of previous research,it attempts to propose a solution that can be applied to China.Finally,the conclusion of the article integrates the conceived system.Based on the current situation,It is suggested that the current opportunity for revision of the Civil Procedure Law can be used to improve and establish related systems including rejection of jurisdiction in advance.At the same time,putting forward the full functioning of the settlement mechanism depends on the further confirmation of the enforcement of judgment recognition.