An Empirical Study On The Identification Of Repeated Litigation

The Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as judicial interpretation),which has been implemented since February 4,2015,sets forth the criteria for determining repeated litigation in article 247.However,judging from the current situation of the implementation of the judicial interpretation of this article and the judicial practice of the confirmation of repeated litigation,there are still many problems.Based on the research of the referee documents involving repeated litigation on the China Judgements Online,this paper analyzes the current situation and existing problems in the identification of repeated litigation in our country's judicial practice through the case situation reflected in the judicial documents,and on this basis,comes up with workable solutions.The first chapter elaborates on the case identification and reasoning of the repeated litigation listed on the China Judgements Online,and draws the conclusion that the court is in the case identification of the repeated litigation.The second chapter focuses on the analysis of the problems in the current judicial situation of repeated litigation.these problems mainly reflect the low proportion of cases in which the court uses the constitutional requirements stipulated in article 247 of the judicial interpretation of the civil procedure law to identify and reason.The judge found that the standard of repeated litigation was not standardized;The application and understanding of the constituent elements of judicial interpretation are not uniform,and the court has not confirmed the case of reasoning is more prominent.On this basis,the main causes of the above problems are mainly analyzed,which are the relatively abstract provisions of the constitutive requirements of judicial interpretation,the multi-dimensional understanding of the constitutive requirements of judicial interpretation by judges,the lack of judicial reasoning in the determination of cases and the inertia in the use of the reasons for the determination of old rules,etc.The third chapter elaborates the theories and theories concerning the confirmation of repeated litigation,and on this basis evaluates different academic viewpoints.The fourth chapter proposes measures to solve the problem of repeated litigation,based on the detailed application of the constitutional elements of article 247 of the judicial interpretation of the civil procedure law,so that judges can have a clear understanding of how to identify,and at the same time strengthen the detailed and standardized identification of repeated litigation cases by judges in practice.