Civil Action No Longer A Reason In The System

With a view to the purposes of civil lawsuits, the ultimate goal of establishing procedures for solving civil disputes is to provide an authoritative system to solve disputes. No matter Explanation Theory is adopted in Purpose Theory or not, the lawsuits are carried out to stop disputing. Therefore, the nation has to establish a complete security system for disputes, to ensure all civil disputes can be solved through lawsuits. The system of Receiving the Same Lawsuit Only Once (NON BIS IN IDEM) is to seek a quick way to solve disputes from perspectives of both nation and parties involved in civil lawsuits. NON BIS IN IDEM means the following two aspects: first, the same lawsuit cannot be put into court again after sentence to carry out the dispute solving system; secondly, the parties involved in lawsuits should be granted the rights to sue to courts. Therefore, Purpose Theory of lawsuits and Adjudged force of effective judgment are unavoidably the basic theories for NON BIS IN IDEM. The perception of NON BISIN IDEM in practice is still unsystematic, which then causes differences in understanding it. This thesis is going to analyze NON BIS IN IDEM, and tries to establish a set of criteria for China's legal and judicial background. The thesis consists of four chapters:The first chapter is overall view of the whole thesis, defining the concept and history of NON BIS IN IDEM, providing the meaning of legis action sacramenti in NON BIS IN IDEM, and analyzing the reasons for setting NON BIS IN IDEM in Roman law system, etc.The second chapter is mainly on the relationship between NON BIS IN IDEM and Purpose Theory. Starting from the suing right in Roman law system, this chapter is going through old Substantive Law, new Purpose Theory and new Substantive Law, analyzing the relationships between them and NON BIS IN IDEM. Old Substantive Law is recognized by people working in practice and new Substantive Law is recognized by people working in theory. However, it is a case with Substantive Law due to the nature of lawsuits, and a case reflecting the Concurrence of the Right Substantial Law. Therefore, new Substantial law is important theoretically in recently years.The third chapter focuses on the relationship between NON BIS IN IDEM and Adjudged force of effective judgment. Fisrt, tell that theses two only differ in angles for analysis; secondly, provide systematic analysis of basic theories for Adjudged force of effective judgment, with views to its nature, reasons, objective scope, subjective scope, and time, etc.The fourth chapter analyzes the structuring of NON BIS IN IDEM in China. First, analyze current situation of NON BIS IN IDEM both in theory and practice; secondly, give reasons for those current situations" from perspectives of history, culture, economy, etc.; finally, clarify the feasibility and necessity for the practice of NON BIS IN IDEM in China, and establish criteria of lawsuits and Adjudged force of effective judgment with Purpose Theory, which will help build a theoretical system which can help practice.