Research On Prohibition Of Repeated Prosecution In Civil Proceedings

In the current judicial practice in civil litigation,in order to increase their chances of winning some of the parties or for other purposes,the blind or deliberate prosecution way increase the other party litigation and disrupt the normal legal order.2015 the Supreme People's Court Interpretation on the application of the PRC Civil Procedure Law(hereafter referred to as the Civil Procedure Law Judicial Interpretation)makes the introduction of the civil judicial practice.It defines repeated prosecution and treatment and provides a new research direction of the implementation of development.It's the prohibition of repeated prosecution this system.However,due to the definition of China's existing laws on the related subject of litigation,litigation request and ambiguous concept,explain the relationship between provisions on repeated prosecution also failed to clarify it with other related concepts,resulting in the judicial practice of certain difficulties and problems existing in the application.In addition,in the process of repeated prosecution,the provisions of judicial interpretation can not meet the needs of judicial practice.Based on this,this paper based on the relevant provisions of the judicial interpretation,combined with the existing practical problems in operation,studied the concepts of repeated prosecution system of civil litigation from the definition,historical development,identification standard and regulation methods,hope to promote the practice of prohibiting repeatable prosecution system helpful.In addition to the introduction and conclusion,this article is divided into three chapters.Chapter one is the practical dilemma of prohibiting repeated prosecution.This chapter analyzes a judge dispute case of "repeated prosecution",and then analyzes on the current China's repeated prosecution recognition standard and processing method,and the practical application situation of repeated prosecution identification standards.The second chapter is the theoretical understanding of prohibiting repeated prosecution.This chapter deals with the theoretical analysis of the prohibition of repeated prosecution,including the historical investigation,the concept discrimination and the system value of the repeated prosecution.The third chapter is about the perfection of the system of repeated prosecution.This chapter puts forward specific proposals on the mechanism of prohibiting repeated prosecution system,including the understanding and improvement of the standard of repeated prosecution,the specific rules and regulations of repeated prosecution and the construction of supporting system.