Research On The Problem Of Repeated Litigation Identification

Since the people's court have changed case filing investigation system into case filing registration system,court cases,especially a substantial increase in the number of civil cases,which also contains a considerable number of repeated prosecution case.For a long time,in the practice of the civil lawsuit,repeated litigation with the litigation economy principle,not only increase the lawsuit burdens of parties,caused the waste of judicial resources,also may lead to the court to make inconsistent referees to damage the impartiality of the judicial authority.In view of this,how to correctly understand and identify repeated litigation,retraction to repeat procedure and the related concept,the relationship between the preliminary scheme for set up regulation repeated litigation both academic research and practice is of great significance.This paper intends to start with the real cases in practice,focus on the understanding and recognition criteria of repeated litigation and related concepts,finally,it focuses on the regulation of repeated litigation,in order to make a small contribution to the study of repeated litigation,the author tries to construct a clear understanding of repeated litigation.Apart from the introduction and conclusion,it is divided into four parts.The first part is about the practice of the basic information of the repeated cases,through induction and summary court dispute focus,found in the civilian law judicial interpretation before or after,because of the lack of unified standard case should provide guidance and the personal experience with trial to repeating the action standard understanding of the factors,such an uneven situation lead to repeated litigation identification standard in practice on the application of a lack of unity,which leads to the paper to repeat the subject of litigation identification study.The second part is about the clarification of the concept of repeated litigation and repeated litigation.In this part,explain the basic concept of repeated litigation,and analyze the value of banning repeated litigation in practical,then this paper explains repeated litigation with connection and difference of the concept of "ne bis in idem",as well as the relation and distinction between res judicata,related theory problems involving repeat the lawsuit system,for the next part of the repeated action recognition problem study lay the foundation.The third part is about the study of the standard of repeated litigation identification.This part is the core of this paper,this part firstly introduce especially typical repeated litigation in the civil law countries standards and then repeat.identification standard is stipulated in the judicial interpretation in China,compare to law standard in our country item by item,argues against the identification standard opposed by the academic point of view in order to prove the rationality of the standard in our country's practice of law.try to build up for different kinds of repeated legal recognition standard,strengthen the unity of the operation.The fourth part is about the study of the problem of repeated litigation regulation.In this part of the lawsuit against stipulated in China's judicial interpretation for repeat treatment measures and shortcomings are discussed,secondly put forward specific suggestions on repeated litigation regulation measures,including strengthening the parties' litigation integrity awareness,the jurisdiction of the courts of transfer processing,make the supreme people's court guiding cases fully work,establish a national court management system,etc.