A Study On The Application Of Judgment Criteria For Repeated Prosecution In Administrative Litigation

Article 106 of the Judicial Interpretation of the Administrative Procedure Law provides for the standard of repeated prosecution,which supplements the missing part of the Administrative Procedure Law,but the standard of judgment lacks specific and unified rules of application,and the phenomenon of cross-application with civil litigation exists in practice,so the specific application of the elements of the standard of judgment of repeated litigation has very important theoretical and practical research value.However,at the present stage,the standard of repeated prosecution in the field of administrative litigation jurisprudence has not received extensive attention,there is confusion about the concept of the situation.In this regard,this study will attempt to clarify the issues related to repeated prosecution,analyse the various constituent elements of the judgment standard,and clarify the position of the subject matter of the administrative litigation;and put forward suggestions for the improvement of the judgment standard on both the substantive and procedural levels,so as to promote the one-time resolution of administrative disputes.Through the analysis of typical cases,this paper raises the legal issues of overly principled judgement standards at the normative level,biased understanding of judgement standards by judges at the judicial level,and the lack of specific rules for the application of judgement standards at the special level.After clarifying the basic problems of the standard for repeated prosecution in administrative litigation,the analysis focuses on the causes of the problems arising from the application of the standard,including the distinction between res judicata and the prohibition of repeated prosecution,the distinction between the time of filing a claim by the affiliation of the litigation,and the necessity of applying the distinction between administrative litigation and civil litigation in the application of the standard.On the basis of adhering to the general rules on the criteria for repeated suits in administrative litigation,it focuses on the application of the specific rules in the special circumstances of the parties,finds a localised variant of the local position on the application of the administrative act violation theory to the subject matter of the litigation,explores the rules for the typology of the identical determination of the litigation claim and the subject matter of the litigation,and balances the procedural relief and dispute resolution to promote the further development of China’s The further development of administrative litigation.