On The Review Of Repeated Litigation

Repeated litigation has always been a phenomenon of the civil procedure law.The interpretation of the Supreme people's Court on the Application of the Civil procedure Law,which came into effect in 2015,has for the first time established the rule against repeated litigation.The prohibition of repeated litigation has changed from a self-evident legal principle of action to a clear rule of procedure and adjudication.However,since the establishment of this rule,repeated litigation cases in judicial practice have shown an increasing trend,with the exception of "the same dispute".The phenomenon of "multiple litigation" exists generally,the rule of prohibiting repeated litigation does not play its application function,the standard of repeated litigation is out of touch with judicial interpretation,and the court has ambiguity in the choice of the object of action and the request for action.There is a suspicion of harming the litigant's right of action.In theory,the interpretation and perfection of the concept from different angles of view,trying to reconstruct the unified standard of repeated litigation,can not realize the self-consistency of the theory itself.It also fails to respond effectively to the practical needs of repeated litigation cases in judicial practice.Based on this,this paper explores the specific form of repeated litigation review in judicial practice,taking the current norm of prohibiting repeated litigation as the starting point.Concrete suggestions are put forward for its perfection.In addition to the introduction and conclusion,the article is divided into four parts.In the first part,the author collates the existing norms of the prohibition of repeated litigation,and collates the existing norms of the prohibition of repeated litigation in China.This paper compares the main contents and theoretical basis of repeated litigation in civil law countries and regions with the validity of litigation and res judicata,and clarifies the specific connotation of "in the course of litigation" and "after the effective judgment",in order to define the applicable boundary of the rule.In the second part,the judicial facts of repeated litigation are reviewed.Through typical cases,the views of the Supreme people's Court on repeated litigation decisions are summarized,although they are not consistent.On the whole,however,the author holds the view of "conservative".Based on the criterion of "the cause of one case and the second suit",the local people's court concludes the standard and the examination method of repeated litigation,and finds that there are many problems in the judgment standard and the way of dealing with it.The third part analyzes the legitimacy and necessity of repeated litigation review from three aspects: the purpose of the rules,the need of judicial practice and the requirements of court duties.Part fourth,the perfection of the repeated litigaion review.On the basis of the above,the author puts forward the suggestion of perfecting the repeated litigation review from the two aspects of legislation and judicature,in order to realize the coordination between the litigation economy and the protection of the right of action.To perfect the examination of repeated litigation,we should follow the principle of civil procedure law and respond to the practical need of repeated litigation.Legislation should perfect the rule of prohibiting repeated litigation,and the judicature should strictly follow the specific definition of legislation.Unify the standard of judicial application and provide the corresponding system guarantee.