Font Size: a A A

The Identification Of Repeated Litigation

Posted on:2016-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:R R WangFull Text:PDF
GTID:2296330461463026Subject:The civil procedural law
Abstract/Summary:PDF Full Text Request
Repeated litigation has been a practical problem that waiting to be solved for a long time.It not only wastes judicial resources, but also affects the credibility and authority of the court referee.Besides,it is also not conducive to effective program.Recognizing repeated litigation has important influence both to theory and practice.Based on this, with the help of Wu X and X company’s property lease dispute, this paper concludes the focus of controversy departure from the case presented,then demonstrates the dentification of repeated litigation.Excluding the part of introduction and the conclusion, it is divided into four major parts in total, approximately twenty thousand words.The first part is an introduction of the case.And in this part the paper concludes different opinions of the case, that the first instance court and the second instance court held that the parties have sued already on the same lease contract dispute and the court has made a judgment according to the law, so the latter prosecution is repeated litigation. However,the Procuratorate believes that although the two cases are based on the same legal relationship, they have different reasons and claims.Thus,they do not belong to the same issue.The focus of the dispute is the recognizing of repeated litigation, which leads to the subject of this paper.The second part analizes systemly the meaning and the identification of repeated litigation in term of law theory and analysis the value of banning repeated litigation.This part compares the current standard on repeated litigation with the standard before the introduction of the Civil Procedure Law of judicial interpretation formulated, and then specifically describes which is considerded as repeated litigation according to the judicial interpretation.The third part analizes the question in the case.That although two case are based on the same lease contract, and have same parties, they are based on different facts and have different claims.The claim of the latter litigation are neither same to the former’s nor contradicted with the former’s.So it doesn’t bring about the problem of repeated litigation.The fourth part is the revelation getting from the analysis of the case.The reason why different courts have different judicial judgement on the same case is that the recognition criteria have not yet clearly defined that time and the judge in the grasp of the subject matter of the proceedings was not clear enough. To solve the problem in the case,the artical makes suggestions on avoiding misjudgement about repeated litigation...
Keywords/Search Tags:repeated litigation, Ne bis in idem, litigation object, res judicata
PDF Full Text Request
Related items