Research On The Institution Of The Prohibition Of Repeated Action

the institution of the prohibition of repeated action involves many basic theories of the modern civil procedural law, such as the res judicata theory, subject matter of litigation, theory of pending action, In our country, there is still no consensus on the research and understanding of these basic theories in the field of civil procedure law, the relevant laws and regulations still exist many imperfections. In judicial practice, there are still some problems and difficulties in the understanding of the prohibition of repeated action and the criteria for judging the repeated action.This paper aims to study the legal basis, concept definition, historical evolution and decision criteria of the institution of the prohibition of repeated action, by analyzing and comparing the provisions of the civil law system and the common law system, based on the latest judicial interpretation to discuss to perfect the institution of the prohibition of repeated action in Practice of civil action in our countryProhibition of repeated action in the different stages of the litigation system is divided into the prohibition of repeated action in the litigation system and the prohibition of repeated action after effective judgment. Different types of the prohibition of repeated action have different value orientations. On the basis of the analysis and argument of many theories and theories of other scholars, this paper propose divisional decision criteria of the repeated action for the different types of the prohibition of repeated action.