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On The System Of Civil Prohibition Of Repeated Prosecution

Posted on:2019-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:H Y GuanFull Text:PDF
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Article 247 of the Civil suit interpretation in 2015 establishes the civil prohibition of repeated prosecution system and clarifies for the first time three identification criteria for the identification of repeated prosecution.On the basis of the relationship between "one thing is no longer reasonable" and "res judicata",aiming at the shortcomings of the current identification standard of our country,such as ambiguity and lack of maneuverability,this paper puts forward that the perfection of the system of prohibiting repeated prosecution should be based on the theoretical basis.Identification standards and supporting systems and other aspects.In On the basis of perfecting the theory of litigation ownership and object of action,the three elements of the same party,the same subject of litigation and the common point of contention are taken as the specific identification standards of the system of prohibiting repeated prosecution.This paper suggests that through the establishment of a point of contention arrangement procedure,the dismissal of the suit system and the trial of the system of compulsory counterclaim,the corresponding system should be perfected,and the system of prohibiting repeated prosecution in our country should be promoted to run more well and in an orderly manner.
Keywords/Search Tags:Prohibition of repeated prosecution, non bis in idem, res judicata, identification criteria
PDF Full Text Request
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