On The Identification Of The Subject Of Civil Procedure

Non bis in idem principle originated in the ancient Roman law. With the economic and social development and the victory of the bourgeois revolution of 19th century, it return to the historical stage which focused by scholars from both the civil law and common law in a lawsuit. However, in our legal practice, in regard to the definition of principle of non bis in idem has not uniform, the law does not provide for this either. As to"matter", identification of it, too loose, it will rejects those cases into law procedure; too narrow, it places those disputes between whom has resolved by litigation back into the proceedings. Therefore, how to identify"matter"has significance both the theoretical and practical. This paper is divided into three parts.The first section describes the non bis in idem principle and the basic theory regarding the criteria for judging. This chapter begins from the meaning of the principle of non bis in idem which start from the historical origins and then development of evolution, last, revealing the meaning of the principle of non bis in idem. Further, discussed the "matter" in the non bis in idem principle. After a brief discussion, focuses on the subject of the proceedings. The subject of the proceedings is the most important element to identify a matter in a case.The second section describes the evolution theory of subject matter of litigation and then evaluates the various theories mentioned, describes its advantages and disadvantages; lay the foundation of the theory building for the next chapter. Subject matter of litigation theory originated in Germany which country is been marked the beginning of the process of codification in the world.The third part presents the concept and identify of"matter""main- subordinate" theory. Before that, the"matter"also discussed from the jurisprudence inspective. Then, the author proposed the standard definition of"idem"and identification of "main- subordinate" theory. In this section, the concept of fact which was focuses on by scholars have been ignored a question in the past, that the the legal fact presented by parties in the proceedings is a specific concept witch includes the time and space, thus it should be the specific legal fact. Then, the author discussed the subject of legal proceedings, and makes a standard set of specific application.