Research On Legal Countermeasures Of Repetitive Tort

The basic goal of civil adjudication in court is that the civil disputes between the parties can be resolved.The court orders the torts to bear the civil legal liability,in order to remedy the victims and punish thetorts,and resolve the disputes between the parties.In recent years,cessation infringement civil liability has been double attention to the legislative and judicial,which is widely used in terms of civil liability laws and regulations,in judicial practice,is also widely used by courts to judge infringement cases.However,due to the current laws and regulations there is no clear stipulation on the applicable standard,applicable conditions,legal effect of the civil liability,and legislation has limited the res judicata,so the application about cessation infringement civil liability has a lot of problems,in judicial practice based on individual understanding.Mainly manifested in,cessation infringement civil liability has been abused in various types of infringement cases;the force of law of cessation infringement civil liability seems to be a "one-off——after the torts perform obligation of effective judgment or six months after the courts enforce it,if the torts Repeat infringement again,the victim cannot once again make a request to the court for compulsory execution,but only once again filed a new lawsuit,in order to obtain a new and effective referee as the basis to apply to the court for enforcement.So,the court want to govern the repeated infringement with filing a new lawsuit,it not only can'teffective to punish the torts,to curb the occurrence of repeated infringement,but also to increase the judicial cost of the rights holder's rights protection,the court and the rights holder's are in a vicious circle of prosecution,trial and execution,it also damaged the court's judicial credibility and the authority of national law.This paper starts from a real case,aiming to study the applicable conditions?applicable standards,cessation infringement of civil liability of cease the infringing act,and the scope of the force of res judicata,toimprove the legal system of civil liability of cease the infringing act,to curb the occurrence of repeated infringement,and to perfect the legal system of civil liability,to protect of the rights holder's and punish of the torts,they will be better known the laws and abide by our citizens.