On The "Idem" Of Non Bis In Idem Principle

Originated in the period of the Roman law no bis in idem has a long history. As a basic principle in civil procedure, the principle of non bis in idem responsible for civil justice and efficiency of the two value orientation of the equilibrium point. Therefore, the principle of non bis in idem in national 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, on the principle of non bis in idem implementation is not uniform, the trial practice on what is meant by "Idem" understanding is differ, different standard has hindered our country judicial adjudication and the unity of legal system, damage the judicial authority.The "Idem"is defined to include two stages, the litigation department case stage, res judicata stage. The the the litigation department genus stage "Idem" the criteria to determine:"the same party+the same subject matter of litigation+the same major point of contention. The applicable criterion should be under the same party�'the same subject matter of litigation�'same major point of contention to in the order judge. Of the parties whether the same judge, and then determine whether the subject matter of litigation before and after litigation the same, the same as the subject matter of litigation, constitutes an "issue". The the res judicata stage non bis in idem "Idem"is defined related to res judicata theory. Specific to our judicial practice, of res judicata stage "Idem" criteria can be identified as:The Res Judicata main range include:parties (broadly understood); litigation summarized heir; parties for the interests of others litigation and real enjoyment of the interests of the main. The Object of the res judicata should be limited to the text of judgment. The limit the text of judgment based on object range, direct causal relationship with the judgment conclusion fact included in text of judgment. As for the reasons for judgment, should not be included in the objects within. The res judicata time time limit should be at the end of the court hearing.