Investigation Report On The Prohibition Of Repeated Prosecution System In Grass-roots Court Of Nan-ning City

The Supreme People's Court's interpretation of the "Civil Procedure Law of the People's Republic of China" adds article 247 to refine and determine the elements of repeated prosecution.Article 247 establishes a system of prohibition of repeated prosecution,and this system has become active in civil litigation..However,there are still no in-depth discussions or studies about "the application of the system of prohibition of repeated prosecution in civil lawsuits,and how the courts prevents and finds repeated prosecutions".Researching "how to improve the maneuverability of the prohibition of repeated prosecution and achieve litigation economics" is more meaningful than debating on the subject of litigation endlessly.Thus,the author think we should have an general understanding of this system's practice,characteristics and effects,to find out the problems of this system,and then try to solve them.The investigation of the application of the system of repeating the civil action in Nanning's grass roots court shows that,1.judges of the "Civil Procedure Law"article 247th of the interpretation of applicable rate is not high;2.the understanding of "the existence of pre litigation" self review,interpretation of unknown functions;3.the repeated prosecution is difficult to find;4.judges do not know clearly about the nature of "new facts".The author makes an analysis of these problems and proposes"The judge should seek to find out whether there is a pre action or not,and establish a timely supervision mechanism of the referee's documents to improve the initiative of the court to discover repeated prosecutions,and to make clear the nature of the 'new facts' in legislation."...