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On Our Country 's Civil Procedure Idem Principle Application

Posted on:2012-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:H L DaiFull Text:PDF
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The principle of non bis in idem has a long history, its history can be traced back to the ancient Rome law times. It reflects the objective law of civil litigation. Therefore, the principle of non bis in idem in our civil procedure law has a very important position. But in our civil procedure law does not explicitly discuss systematically the principle of non bis in idem. In practice, due to the sparse shallow and legislation system there is no theory is discussed, on the principle of non bis in idem implementation is not uniform, the trial practice on what is meant by " one thing" understanding is differ, different standard, has hindered our country judicial adjudication and the unity of legal system, damage the judicial authority.Civil action res judicata should include two meanings: one is the effect of litigation, the plaintiff shall have filed the case, in the Department of litigation in indicted again; two is the decision, i.e., after the judgment, the parties may not have judgment cases re-prosecution. The "one thing " is defined as a key. Through the comparative study of the principle of non bis in idem in continental law system and Anglo-American law system countries development, in the national idem system on the basis of the study, summed up our country the principle of non bis in idem applicable standards. This paper argues that the so-called "one thing" consists of two factors, one is the subjective element two is the objective factors, such as the two elements of the same for the same litigation. For judgment or following the determination of non bis in idem in "one thing" judgement mainly involves the theory of res judicata, this article after the judgment or the idem effectiveness range as subject, object, range time range as defined. Finally, the author put forward our country to the principle of non bis in idem construction.
Keywords/Search Tags:idem, effect of litigation, litigation, res Judicata
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