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On The Regulation Of Civil Repeated Prosecution

Posted on:2018-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:N WuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The legal regulation of civil repeated prosecution is a hot and difficult issue in judicial practice.The new judicial interpretation of the Civil Procedure Law use a provision to stipulates the standard of civil repeated prosecution.The content of the clause is relatively simple,so it brings difficulties to the recognition and identification of the civil repeated prosecution in practice.It is necessary to build up a perfect system of prohibiting civil repeated prosecution in our country.In this paper,the method of case study and conceptual analysis is adopted,The study of repeated prosecution is closely combined with the subject of litigation and the theory of litigation system,At the same time,through the analysis of the system and the principle of "one thing no longer" and the res judicata,It is clear that the identification standard of civil repeated prosecution should meet four requirements:The four elements of the same party,the same subject matter,the same litigation request or the claims of the pre and post litigation are mutually exclusive,and the previous lawsuit is pending or has already come into effect.In view of the specific regulation of civil repeated prosecution,This paper puts forward three measures from the perspective of the parties and the court,This paper puts forward three measures from the perspective of the parties and the court,Improve the retrial system,improve the system of filing review and information sharing,and improve the procedural safeguard system.
Keywords/Search Tags:Civil repeated prosecution, Subject matter of litigation, Litigation request
PDF Full Text Request
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