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Legal Regulation Of Civil Repeated Prosecution

Posted on:2018-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:H H WangFull Text:PDF
GTID:2356330542450708Subject:Law
Abstract/Summary:PDF Full Text Request
Repeated prosecution is not uncommon in the trial practice,not only waste the trial resources,but also erode the authority and credibility of the referee results.Article 247 of the interpretation of civil procedure law of our country has prescribed the constitutive requirements of the prohibition of repeated prosecution,and provided a standard for the determination of repeated prosecution in practice.However,it is difficult to agree theoretically on the recognition standard of “subject of litigation "," object of action “and " litigation request “as the standard of repeated prosecution,which affects the effective regulation of repeated prosecution in practice.Starting with the typical cases of repeated prosecution in judicial practice,this paper analyzes the similarities and differences of the related concepts such as repeated prosecution,prohibition of repeated prosecution and the principle of res judicator and " no longer reason ".According to the article 247 of the interpretation of civil procedure law,there are some problems,such as ambiguous definition,low identification degree,and ambiguity in constitutive requirements itself.The article puts forward the “two same theory" as the recognition standard,and discusses the exception of the prohibition of repeated prosecution,such as identity relationship litigation,set-off defense and so on.The paper also puts forward some concrete suggestions,such as introducing the compulsory counterclaim system,perfecting the information sharing system,strengthening the judge's interpretation obligation,and improving the litigation integrity.
Keywords/Search Tags:Repeated prosecution, Legal regulation, Adjudged force, The matter is no longer valid
PDF Full Text Request
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