Research On Repeated Litigation

In China’s judicial practice, repeated litigation has been a serious problem to interfere with the normalproceedings.There are many reasons.Some parties are eager to get the outcome of the trial and blindlyprosecute.Some in order to interfere with the other party wanton litigation. Others are the party for its ownsake to choose a favorable court jurisdiction.Repeated litigation is not only an increase of court cases v.barrier, but also hinder the normal conduct of litigation; not only to the parties caused by the material,mental impairment, but also resulted in court proceedings against.Through a lot of reading and finding information, combined with the three typical cases, proposed aseries of important issues encountered in practice, the prohibition of repeated litigation system. The papernot only for cases related to the theoretical basis of the analysis put forward their own treatmentrecommendations, but also in the process of analysis of the case, starting from the case presenteddifficulties and points around the litigation object theory and res judicata theory to solve the problem. Inaddition, the paper introduces a foreign theory and a case to discuss the application of these theories onChina’s judicial practice and rationality. On this basis, the article analyzed the defects of our laws onrepeated litigation, and put forward their own proposals. I hope that through their own proposals, do a littleto perfect ban repeat litigation prominent.In addition to the Introduction and Conclusion This paper is divided into three parts, about30000words.The first part is a three real cases of repeated litigation mainly in the judicial practice of the main line,pointed out that the Court of results inappropriate. In the specific analysis of the process of abstract theoriesproposed to solve the problem, and solve these theories are applicable to the case put forward their ownopinions. The system is not only the use of the repeated litigation of the foreign academic theory, and thehandling of similar cases which theory should be to solve or the reasoning put forward their own views.The second part described on the relationship between repeated litigation and the "ne bis in idem"principle,and applicable limits in the practice of the "ne bis in idem" principle、"ne bis in idem" containsthe theory of res judicata and litigation dependency as well as theory. This part of the first part of theproposed theory, detailed, and return to the three case studies to analyze the reasoning. Through this analysis, a more systematic approach to solving problems in the case.The third part is the author proposes prohibiting repeated litigation settlement mechanism. Firstproposed the repeat litigation recognition standards, these standards include both old and new theory of theobject of civil action. Not only these old and new theories were applied to address what type of cases, andcomparison between the theoretical advantages and disadvantages. Secondly, the analysis issue prdclusionvalidity of Japanese theory, put forward some of the problems encountered by China in the judicial practicewhich should apply to this new theory. Finally, the author propose specific prohibiting repeated litigation ofthe program design, such as the establishment of the locking system of the plaintiff to submit the originalevidence, the establishment of ’query networking mechanism system, and finally proposed to change thelaw when necessary to clear the specific prohibition of duplicate proceedings before, so In judicial practice,a legal basis.