Study On The Ban Of Duplicated Prosecution Of The Civil Procedure

The problems of ban duplicated prosecution has been quite controversial in the civil action jurisprudence, because this issue involves so many core concepts of the modern theory of civil procedure law, as res judicata and the subject of litigation theory. Moreover, the legal research in related areas of civil litigation has been not systematic and deep enough of our civil action jurisprudence, so there’s not any conclusion facing the different specify under different concepts in civil law and common law currently. The " Supreme People’s Court on the application of <People; s Republic of China Civil Procedure Law>explanation " (hereinafter referred to as " judicial interpretation of the Civil Procedure Law ") announced and implemented in February 4,2015 is the first time to pioneered on this issue and has made a comprehensive and systematic regulations, but the academic research and analysis over the decades makes this judicial interpretation is still worthy continuing and deep discussion. This paper aims to research and analyze the origin rules, the connotation and recognized standards of the ban duplicated prosecution rule, and makes a comprehensive of different theories on the basis of the judicial interpretation, then to explore the application of the ban duplicated prosecution rule in our civil litigation practice from the perspective of interpretation theory.