An Empirical Study On The Judgment Criterion Of Multiplicity Of Suits

February 4,2015,the introduction of article 247 of the Supreme People's Court about Apply the Interpretation of Civil Procedure Law of the People's Republic of China(Hereinafter referred to as Civil Procedure Law Interpretation),makes the judgment criterion of multiplicity of suits is no longer in the legislative blank,it can be described as a big step forward.However,if you scrutinize it,you will find that the current judicatory interpretation merely sets a framework requirement for the judgment criterion of multiplicity of suits,still bring difficulties and problems to judges in trial.Therefore,this article starts from the practical difficulties of judgment criterion of multiplicity of suits,by analyzing the courts in the handling of multiplicity of suits to determine and apply its judgment criterion,and studies the concept of multiplicity of suits,judgment criterion and the connotation of specific elements,summarize the corresponding identification and rules of operation,makes concrete suggestions,hoping that will helpful to standardize judgment criterion of multiplicity of suits.Around the judgment criterion of multiplicity of suits,this article is divided into five chapters:Chapter one,overview of multiplicity of suits and its judgment criterion.This chapter introduces the concept of multiplicity of suits in the context of our country,and compares multiplicity of suits with related concepts,come to the conclusion of the relationship among multiplicity of suits,non bis in idem and res judicata.It introduces the "current version" of the judgment standard of multiplicity of action in our country,and clears that the focus of this study lies in the judgment standards of multiplicity of action after the referee enters into force.Chapter two,the practical issues of judgment criterion of multiplicity of suits.Through the search of China Judgment Online,this chapter types up common judgment criterion of multiplicity of suits after Civil Procedure Law Interpretation was promulgated,summarizes and analyzes the dilemma encountered by the court in handling multiplicity of suits cases.Chapter three,the choice and analysis of judgment criterion on multiplicity of suits in Civil Procedure Law Interpretation.This chapter analyzes the specific choice of the connotation of various elements of judgment criterion of multiplicity of suits in Article 247 of Civil Procedure Law Interpretation.And types up common judgment criterion of multiplicity of suits before Civil Procedure Law Interpretation was promulgated,through comparison,comments on the impact of Civil Procedure Law Interpretation on judgment criterion of multiplicity of suits.Chapter four,practical choice and analysis of judgment criterion of multiplicity of suits.This chapter concerns about the specific choice of practice of the connotation of various elements of judgment criterion of multiplicity of suits,analysis of the court in practice of the certified standard on the same parties,the same subject of the action and the same claim,and analysis of the reasons for the confusion of practical choice of judgment criterion of multiplicity of suits.Chapter five,summarize the solution of judgment criterion of multiplicity of suits.This article introduces judgment criterion of multiplicity of suits in Anglo-American Law System and Continental Law Legal System.Based on the summary of judgment criterion of multiplicity of suits of the full text,put forward the corresponding suggestions,hope to establish a relatively uniform judgment criterion for multiplicity of suits.