Research On Identification Of Repeated Civil Prosecution

Due to the imperfection of China’s legislation and judicial system,the phenomenon of repeated litigation has always existed,which has become a difficult problem that has plagued China’s justice.In the past,the judicial practice always regulated repeated prosecutions based on the principle of "no matter what happened".Because the standards are not clear,the regulatory effect is not obvious.In 2015,Article 247 of the Interpretation of the Supreme People ’s Court on the Application of the “ Civil Proceedings Law of the People ’ s Republic of China ” was promulgated,which stipulated the identification standards and processing methods of repeated prosecutions.The judgement requirements make up for the inadequacy of the principle of prohibiting repeated litigation in the Civil Procedure Law.Regarding the regulation of repeated litigation,although there are relatively clear provisions,the judicial interpretation also gives people room to further refine their research.Based on this,this article intends to explore three cases in judicial practice,explore the problems of repetitive prosecution identification,and put forward some of my own opinions and suggestions accordingly.This article is mainly divided into three parts:Part I: Introduction of the case and summary of the focus issues.This article selects three typical cases involving civil repeated prosecution identification.These three cases have been tried by courts of different trial levels,and the case is more fully displayed,which can intuitively reflect the difference in recognition of different prosecution identification issues by different courts And the different treatment methods adopted,and summarizes the problems in identifying repeated prosecutions,that is,the recognition standard of repeated prosecution,the duality of the repeated prosecution standard,and the treatment of repeated prosecution.Part II: Legal analysis of related issues.This part mainly explores the cause of the problem and the negative impact of the existence of the problem on judicial practice by repeatedly prosecuting and identifying the specific manifestation of the problem.The current judgment standard provides certain legal support for prohibiting repeated prosecution,but the standard also has problems such as lack of scientific and unclear borders,which will cause difficulties in judicial practice.Through the duality analysis of repetitive prosecution,repetitive prosecution at different stages of litigation will inevitably exhibit different behavioral characteristics.Under such circumstances,there are certain difficulties in applying the current judging criteria for repeated prosecution.Moreover,the treatment methods prescribed by the current identification standards are not completely reasonable,and may not be conducive to the protection of litigation rights of the parties.Part III: Through the argumentation and overall analysis of the requirements of the current identification standards,this article finds the dilemma of its application,and proposes to use the subject of litigation as a common standard for judging repeated prosecution identification to make up for the shortcomings of the application of the identification standard in practice;Then,this article puts forward corresponding treatment opinions for different stages of repeated prosecution through analysis of different situations;Finally,for the relevant supporting measures of the repeated prosecution system,this paper proposes that the construction of an information sharing platform for filing,strengthening the judge ’s interpretation and Strengthen judicial regulations and other measures to abuse the right to litigation to prevent repeated prosecutions.