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The Detailed Research Of The Recognition Standard Of Prohibiting Repeated Prosecution In China

Posted on:2018-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z X YuanFull Text:PDF
GTID:2346330518961138Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the activities of civil action,the phenomenon that the parties abuse the right to repeat the action is not uncommon,Causing the court waste judicial resources for repeated trial,also causing the increasing cost of responding.In order to prevent the referee’s contradiction,to realize the value of litigation economic efficiency and reduce the litigation burden of the parties,Civil Procedure Law of the People’s Republic of China shall be clearly defined the prohibition of repeated prosecution of principle.For special exceptions can according to the specific circumstances or special areas to make corresponding provisions or through the judicial interpretation by the guiding case to regulated.In this paper,the study of repeated prosecution and its regulation is trying to further deepen and refine the research of the problem,depending on the local practice,starting from the specific case,analyzing the lack of legislation in our country on the prohibition of repeated prosecution system of the provisions of the system,to establish a suitable criterion of identification of standard for "repeated prosecution" in the judicial practice of our country.This paper first discusses the repeated prosecution theory in practice,and the applicable scope of "res judicata" theory and Litigation Department theory.Using the theory of repeated prosecution in the academic field,and put forward the views of the treatment of similar cases should be solved with what kind of theory.Otherwise,putting forward the recognition criteria for the prohibition of repeated prosecution and the inappropriate of the results of the court are pointed out.In the course of the specific analysis,to solve the problem of the identification of the standard theory,and put forward the views of these theories whether are applicable to the solution.The new civil procedure justice solutions including the provisions of as many as more than 550 is still not completely cover the scope of Civil Procedural Regulation,which is enough to illustrate the complexity of civil litigation and the fairness of refinement of requirements.In order to make people believe in the justice of the judiciary,trust in the authority of the judiciary,be able to do the exact understanding of the rules of litigation and application.Therefore,we can only be able to understand and apply the rules accurately in the proceedings.
Keywords/Search Tags:repeated prosecution, Ne bis in idem, party concerned, object of action, lawsuit request
PDF Full Text Request
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