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Study On The Identification Elements Of Duplicated Prosecution

Posted on:2018-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
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The ban repeated prosecution system is important in civil procedure law system,the interpretation of the civil procedure law in 2015 for the first time to this question has made the comprehensive system of rules,it provides a unified standard in the judicial practice’s applicable,but it involving many of the civil procedure law theory makes it still has the possibility of in-depth discussion.The key of applying the ban repeated prosecution is the elements of repeated prosecution recognition,this paper analyze the ban repeated prosecution system in the perspective of repeated prosecution identification elements,mainly includes:The first part is mainly about the overview of repeated prosecution is prohibited.First of all,in order to clear ban repeated prosecution scope,we clear the ban repeated prosecution concept;Secondly,finding problems related to ban repeated prosecution from the theory origin;Finally,discussing the importance of ban repeated prosecution system from the angle of value concept.The second part analyzing repeated prosecution identifying elements from the Angle of the related theory of litigation.According to ban repeated prosecution concept,we can get it have two aspects: litigation dependency and the negative effect of res judicata.This part mainly analyzes the two aspects effect to determine the prosecution of the time,the influence of the subject and the object aspects.The third part expounds the ban repeated prosecution related theory of Japan and the United States.Japan’s method is divided into lawsuit elements and to ban repeated prosecution system purpose two recognition criteria;Although American law has no clear ban repeated prosecution principle,"exclusion rule" is the same role to it,including the request elimination principles and issues.We hope to be able to help the repeated prosecution recognition elements in China through the understanding of other countries ban repeated prosecution rules.The fourth part mainly is based on the law,the recognition of China’s repeated prosecution requirement analysis of the status of the analysis and put forward the perfect Suggestions.On the one hand,to the interpretation of the civil procedure law,a detailed explanation about the problem of repeated prosecution identification and analysis,Second,the paper introduces the academic theories of litigation target,and analyze the impact of each theory to determine the prosecution,and combining with our country’s judicial judgment analysis of repeated prosecution in our country judicial practice how to recognized litigious;Third,from the relationship of claims and litigation target,combined with the case to interpret the claims of the same two types.On the other hand,from two aspects of litigious and issue convergence condition of repeated prosecution recognition to improve: first,not constrained by the underlying theory of litigation,through the different types to judge in the subject matter of the litigation;Second,the introduction of litigation between points of convergence,in order to fit better the substantial negative values of banning after repeated prosecution denying.before.
Keywords/Search Tags:Duplicated prosecution, Res judicata, The object of litigation, Litigation request
PDF Full Text Request
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