Department Lawsuit Filed In The Case Of Repeated Screening And Treatment

Confined to the relevant provisions of the Civil Procedure on the lack oflegislation, leading to a situation lawsuit filed in the same court in the practice of theparties in relation to a lawsuit brought not yet been concluded, the parties in respect ofthe dispute and re-filed on the admissibility of the more common and raised itspractice on how to deal with the existence of such circumstances whether multiplefiling, and in this case constitutes a duplicate filing when the dispute. In this paper, thetheory and practice of research methods to suit the specific system is suspectedduplicate filing of cases, based on the practice of the presence of a lot of controversyabout the duplicate filing the screening criteria and methods were legal analysis, andthen summed up the Department of Litigation Universal screening criteria in duplicatefiling and processing methods.By repeating fil cases with the characteristics of people cross the line wereanalyzed and discussed, the author summarizes the screening criteria are in generallitigation department of duplicate filing and handling methods. On filing repeatedscreening, depending on the pre-litigation department is complaint after complaintand whether the conditions "the same parties, the same legal relationship, the sameaction request" to meet. And the same applies to the case of the parties after theoriginal defendant, the parties filed complaints, the same claims, including the samemutually exclusive scenarios (expressed in this article are the litigation departmentwith complaints both before and after the complaint is a civil action); repeated filingprocess There are two major ways you can take: First, if the litigation department inthe case of the appeal court filing was just accepted, has not yet entered into the trialstage when the substance was found to belong to duplicate file, then you can appealthe basis for later Litigation Department of the principle of good faith is theeffectiveness or benefit principle or cause of action dismissed prosecution, then theresults can be obtained according to the specific circumstances of the trial before theappeal; Second, if the substance of the complaint has been entered into the trial stagebefore being found to belong to duplicate filing, then the appeal can be made after thedecision to suspend the trial, and will serve as a basis for appeal after the verdictaccording to the specific circumstances before the trial results drawn complaints. On the basis of the existence of many controversial opinions on the conduct of this caselegal analysis, the author draws a lack of relevant legislation is caused by theconclusions of the litigation department is screened and there are many differences inthe handling of duplicate filing of the main reasons, and thus made improve theeffectiveness of the Department of Litigation clear "regarding" the screening criteriaand other legislative proposals.In addition to the introduction and the end of the paper consists of four parts. Thefirst part is the basic circumstances of the case, this part is to introduce the case toexplain differences of opinion, and summarize the focus of debate on this basis; legalissues related to the second part of the analysis, which is part of the main concepts aredescribed, for disagreements judges conduct legal analysis and concluded that theauthor believes to be reasonable on the basis of viewpoint; third part is the conclusionof this series of cases, this part is mainly used in the analysis part of the legalargument of this case series conducted views specific analysis, what action to take onthe series and then repeat on file and whether it constitutes a repeat when filingconcluded; fourth part is the revelation of this series of case studies, this part of theseries is to explain the role of case studies, analysis this series of cases, there are manyreasons for the differences and thus make relevant recommendations.