Research On The Civil Prohibition Of Repeated Prosecution System

The phenomenon of civil repeated suits is criticized all over the world.It will reduce the efficiency of dispute resolution,the waste of judicial resources,and even make the court make two contradictory judgments for its existence.In 2015,article 247 of the interpretation of the Supreme People’s Court on the application of the Civil Procedure Law of the People’s Republic of China first stipulated the identification standard of repeated suits.The proposal of this concept has indeed promoted the development of civil procedure law to a great extent.However,the legislation has not given a detailed explanation of the three elements of the identification of repeated suits in the provisions,which will make the judge unable to accurately identify the phenomenon of repeated suits only according to Article 247 in judicial practice.By analyzing the relationship between The prohibition of repeated suits and ne bis in idem、res judicata and pending litigation combined with the judicial status quo of the system of prohibition of repeated prosecution in China and the lack of various related systems.This paper finds out the shortcomings,and on this basis,combined with the theory and practical experience of different legal system countries on this system,analyzes their legislation and various theories Finally,it puts forward some suggestions to improve the system in line with China’s national conditions.