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Study On The Regulation Of Repeated Prosecution

Posted on:2018-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:J MaFull Text:PDF
Abstract/Summary:PDF Full Text Request
Due to the shortage of relevant provisions of judicial interpretation in our country,repeated acts of litigation often occur in judicial practice,often on a certain case has not yet concluded,and the same dispute on the situation of the case,thus provoking whether this situation is repeated proceedings The discussion.Even if the“Interpretation of Civil Procedure Law” has defined the problem of repeated prosecution,it provides a reference for judicial practice,but it is too rough to distinguish it from the relevant system.The scope of the subject is not clear,the subject matter of litigation and the claim The relationship did not make a statement,nor the use of litigation is the concept of the Department.The subject matter of the litigation is the core criterion for judging the repeated prosecution,but it is also a problem in the theoretical circle.It is still not conclusive,which is the reason for judging the difficulty of reconsideration.This article is divided into four parts: in the first part,an overview of repeated prosecution.Through the historical analysis,to examine the origin of repeated prosecution,to explore its essential content.And then sort out the relationship with the relevant concepts,to correct the theoretical and practical on its cognitive bias,to obtain a repeated prosecution only binding in this time period of re-litigation,after the verdict by the res judicial checks and balances.In the second part,repeat the identification criteria for prosecution.By analyzing the general standard and special standard of repeated prosecution,the paper discusses the shortcomings of repeated prosecution in our explanation.In the third part,repeat the prosecution outside the regulatory field.Through comparative analysis of the relevant provisions of the relevant foreign countries,study the advanced place,hope for the following reasonable reference to lay out.In the fourth part,repeated prosecution regulation of thinking.First of all,China and its related ideas and systems to make some suggestions.Then,it is necessary to make corrections and supplements to the interpretation of our interpretation,taking into account the definition of the subject matter of the dispute,and the application of our country in its relationship with the claim is ambiguous and can be used as a recognition element.And the parties to the same,litigation the same subject,the dispute as a common identification of elements,in line with the judge whether the case is consistent with the internal requirements.Finally,in practice to prevent the case of repeated cases of prosecution,advocate theestablishment of dispute finishing procedures and trial forced counterclaim system.
Keywords/Search Tags:Repeated prosecution, Litigation department, Litigation subject matter, Litigation request
PDF Full Text Request
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