Identification And Handling Of The Multiple Litigation In The Period Of Pending Action

In judicial practice,repeated trials due to multiple litigations often occur,which not only waste judicial resources,but may also cause contradictory judgments and damage the authority of the judiciary.For a long time,the legislation of our country's civil lawsuits lacks relevant provisions for the identification and handling of the multiple litigation.In this background,Article 247 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China in 2015 was created.However,the provisions in this article concerning the standardization of the multiple litigation are difficult to really play a role in judicial practice.Moreover,in addition to inadmissibility and dismissal of complaints regarding the handling of multiple litigation actions in the period of pending action,it is also necessary to avoid other prosecutions for subsequent actions by establishing other reasonable institutional means.This article takes the principle of prohibition of multiple litigation as the basic point,conducts research on the identification and handling of multiple litigation in the period of pending action,and hopes to provide reference and opinions for the related legislative perfection and practical operation.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter outlines the principle of the prohibition of multiple litigation.The writer uses the basic concept of the principle of prohibition of multiple litigation as the basis for the regulation of multiple litigation in the period of pending action.First of all,the author introduces the history of the prohibition of multiple litigation by reviewing the theoretical development.Second,after understanding the reasons for the formation of the principle,the author analyzes the basic connotation of the principle and also analyzes the distinction between the principle of non bis in idem,the theory of res judicata and the principle of multiple litigation.Finally,in order to facilitate the elaboration of the identification and handling of the multiple litigation in the period of pending action in the subsequent chapters,the author briefly introduces the period of pending action,which is the time feature of the prohibition of multiple litigation.The second chapter is a review of the criteria for the multiple litigation.After reviewing the academic points of multiple litigation identification standards and the domestic and foreign legislation,this article analyzes the specific content and problems of the multiple litigation identification standards in article 247 of the Chinese Interpretation.The academic points for the identification of multiple litigation standards include Two-Element Theory,Three-Element Theory,General Standard,Special Standard,and Principle Standard.The author thinks that General standard and Special standard are the most complete and feasible standards relative to the traditional Two-Element and Three-Element Theories.The extraterritorial legislation on multiple litigation is mostly a principled one.Specific identification criteria is resolved in practice by judges under the guidance of the academic point.The article 247 is in essence a provision for non bis in idem.Its recognition of multiple litigation is based on the litigant,subject matter and claims of the litigation.This provision lacks of generalized multiple litigation standard,the clear content of the subject matter and claim of litigation?and method of the identification of identity elements.Based on the above issues,the third chapter discusses how to determine the specific identification elements in the standards for multiple litigation.Through the analysis of the same litigant,the same subject matter of litigation and other issues summarized in the second chapter,this chapter tries to solve the problem of the application of the recognition standard for multiple litigation.The fourth chapter is about the processing and legislation improvement of the multiple litigation in the period of pending action.Because the handling of multiple litigation actions not only involves the litigant's right to appeal,but also involves important issues such as judicial resources and authority,so about the issue of multiple litigation,it can not meet the needs of judicial practice by just relying on the Article 247.