Study On Improving The Prohibition Of Repeated Prosecution System

The civil procedure Law of civil law countries regards the non bis in idem as a fundamental principle, which play an important role in their civil proceedings. In recent years, the development trends are substituting the concept of non bis in idem for prohibits repeated litigation. Germany, Japan and Taiwan of China on the prohibition of repeated litigation problems have more in-depth research and make success in institutional. There are no relevant provisions about repeat prosecution in our civil procedure law until 2015.The judicial interpretation of the civil procedure law in 2015 provides recognition methods and processing modes of repeated prosecution. Doubtlessly, this provision makes repeated prosecution having a legal basis and fills the gaps of the system. But it cannot be denied that the provision still need improving, the reason is that the regulations are not comprehensive and detailed. In addition, the provision is inconsistent with the judicial practice. So it’s very necessary to perfect the system of repeated prosecution. Based on the analysis of the legislation present conditions and judicial situation analysis, this paper summarizes the existed problems and puts forward related suggestions with reference to foreign experiences and practices.In addition to the introduction and epilogue, this article intends to discuss the prohibition of repeated litigation system in terms of development and improvement from three parts.The first part is the summary of repeated litigation. Firstly, reviewing the history, which originate from the ancient Rome times’ litigation cost theory. Secondly, discussing the theoretical dispute of adjudged force, litigation dependency and the Non Bis in Idem and exploring theoretical connotation of the Non Bis in Idem. Finally, introducing the legal basis of the prohibition of repeated prosecution.The second part interprets the current situation and problem of repeated litigation in theory, legislation and judicial practice in our country. The second part interprets the current situation and problem of repeated litigation in theory, legislation and judicial practice in our country. This paper starts off with the forming and development of the repeated prosecution, especially analysis and study the 2015 Civil Procedure the section of 247, which set the discerning standards of repeated lawsuit. according to the comparison and analysis of the provisions, the paper discusses the positive role of these provisions on the repeated prosecution, then point to the shortage of this system in the legislative and judicial through some relevant cases.The third part is the core text of the theory and practical application of the paper. According to the current legislative and judicial problems of China’s repeated prosecution system, it includes specific recommendations to build and apply the principle. Firstly, it indicates improving the basic premise of the theory, then focusing on the judge rule of the repeated prosecution and make suggestion for the definition criterion. The paper also uses the abroad regulation for reference and consider the practice of our country.