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Repeat Litigation Regulation Research

Posted on:2018-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiuFull Text:PDF
GTID:2356330536960405Subject:Law
Abstract/Summary:PDF Full Text Request
Comprehensively promote the reform of the judicial system is the key to the implementation of the strategy of governing the country in accordance with the law,and the repetition of litigation is an important part of the reform of the judicial system.It is of vital importance to promote the reform of the judicial system in depth and to put forward practical solutions to the difficult problems in the practice of repetitive litigation in judicial practice.The regulation of repetitive actions not only embodies the value orientation of the litigation economy,but also focuses on the maintenance of judicial authority and avoid litigation.The Supreme People's Court of the People's Republic of China promulgated the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as the "Judicial Interpretation of Civil Procedure Law")for the first time,the parties,the subject matter of the litigation and the litigation request "Weapon",reflects China's repeated progress in the regulation of major progress.In the study of modern civil procedural law,the problem of repetition of litigation is closely related to the problem of litigation,the subject matter of litigation and the theory of res judicata.At present,the cognition and research of the above-mentioned theory of civil procedural law do not form a unified standard and understanding,Especially the current laws and regulations for the repetition of laws and regulations is not perfect,to the judicial practice of understanding and application and determine the standard to bring a lot of bottlenecks.Therefore,the author takes the repetitive litigation as the research object of this article,analyzes and studies the typical cases in practice,and puts forward some countermeasures on the related problems in the repeated acts of litigation in our country.This paper has six parts,of which the introduction part,focusing on the article in the research ideas,framework,research background and significance and so on.The first chapter mainly elaborates the basic connotation and necessity of the repetition litigation regulation.The second chapter discusses the current situation and the theoretical basis of the repetition lawsuit in the country.The third chapter investigates the four different types of repetitive litigation cases in the judicial practice And the analysis of the different types of repetition laws and regulations.Chapter 4,by elaborating the situation of repetitive litigation regulation,summarizes and draws lessons from the useful experience of our country.In the fifth chapter,from the theoretical framework of repeated procedural regulation,This paper puts forward some countermeasures and suggestions on the repetition of litigation in China,and puts forward the countermeasure of repeating the lawsuit of the litigation.
Keywords/Search Tags:Repeated litigation, Regulation, The matter is not ignored, Subject of litigation
PDF Full Text Request
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