Research On Identification Of Civil Repeated Prosecution

Closely linked to repeated prosecution and trial practice,including suing identification standard for repeat again as the research core,opinions vary about the identification criteria of repeated prosecution theory,introduced in 2015 the Supreme People’s Court about apply "the explanation of the < law of the People’s Republic of China civil procedure law>(hereinafter referred to as the" law of the people V.explanation "),officially in the form of legal provisions in article 247 of the repeated prosecution identification standard,makes up for the2012 "civil procedure law of the People’s Republic of China"(hereinafter referred to as the act of the people.)of repeated prosecution regulation legislation blank.In 2015,in the process of application of article 247 of the interpretation of civil action law,it is found that this article is not perfect,and there are difficulties in application,such as the various identification standards,the different handling of partial claims and other problems,which also exposes the lack or inadequacy of the theory of identification of civil repeated claims,which is related to the lawsuit’s ownership,the judicial force,the object of action and partial claims.Therefore,this paper takes the identification of civil repeated prosecution as the research object.Specifically,in addition to the introduction and conclusion,this paper includes four parts:The first part mainly introduces the concept and theoretical basis of civil double prosecution.In the part of the concept of double prosecution,it introduces the concept of double prosecution and its relationship with non bis in idem,and defines the importance on this basis concept of compound prosecution;At the same time,it analyzes the identification requirements stipulated in article 247 of the interpretation of civil action law from the perspective of academic theory,and the theory of litigation system and the theory of res judicis.The second part introduces the legislative status quo of the provisions of civil repeated prosecution in our country,the problems existing in the judicial application of the provisions and analyzes the causes.Based on the judgment documents made public on the Internet,this paper analyzes the main problems in the judicial system,such as the various identification criteria of repeated prosecution and the different interpretation of the litigation object,and analyzes the causes of the problems on this basis.The third part from countries outside of the provisions of the civil repeated prosecution and relevant supporting system of analysis,mainly analyzes the regulations in Germany and Japan,the objective scope of res judicata is defined and middle decision system,and to contrast the United Kingdom and the United States are introduced in the objective scope of res judicata is middle in China is proposed finally ruling system and expand the objective scope of res judicata is appropriate advice.The fourth part is the core part of this paper,which puts forward corresponding suggestions from three modules of theory,legislation and practice under the groundwork of the foregoing.In theory,it proposes to construct the theory of litigation system and the theory of litigation object which are suitable for China’s national conditions.In the aspect of legislation,the author mainly puts forward the theory that the parties and the object of action are the identifying elements.Finally,in the practice of partial system from the perspective of the Supreme People’s Court to publish guiding cases and strengthen the interpretation power of judges,to provide judicial protection for the identification of civil repeated prosecution.