Study Of Identifying And Regulating The Civil Repeated Actions

In the Judicial Interpretations on the Civil Procedure Law of the Supreme People’s issued in 2015,the requirements for identifying the civil repeated actions and its solutions are defined clearly,which fills the gap of legislation.With the striking increase of the caseload of the civil repeated actions,the formulation of the requirements for identifying the civil repeated actions in the Judicial Interpretations on the Civil Procedure Law seems insufficient,which results in some problems,such as the judges’ different understandings of the standards of identification,and the contradiction of judgments,etc.This also reveals the lack of relevant theories of subject of action,or the validity of issue in identifying and regulating the civil repeated actions.If the standards of identifying the civil repeated actions cannot be mastered accurately,the due value of regulating the civil repeated actions will be lost.This not only wastes the limited judicial resources,but also causes the burden of actions for the party.Therefore,it is necessary to define the connotation of the subject of action,to revise the standards of judging the same party,and the same request of action,to introduce the theory of the validity of issue.In addition,the supporting measures should be taken,which include the improvement of settling cases,enhancing the judge’s obligation to interpret,setting up the procedures for citing the issue of case and the national systematic data base for querying the filling of case as well.In this way,will the system for identifying and regulating the civil repeated actions be further improved in our country.The study of the system of identifying and regulating the civil repeated action is advantageous to realize the primary value goal of litigation economy,to guarantee the procedural interests of the party,and to maintain legal stability and judicial authority better.