On The Applicable Standards Of The Principle Of Ban Duplicated Prosecution

With the promotion of the rule of law,February 4,2015 Interpretation of the Supreme People's Court on the application of the Civil Procedure Law of the People's Republic of China for the first time the "ban duplicated prosecution " to introduce the concept of legislative system,filled by the theory circles as the basic principle of Civil Procedure Law "idem" the principle of recognizing the legal gaps,become "idem" of the new definition of the principle in our country s legal system.The same will be the subject of litigation,litigant,lawsuit as a standard,with " non bis in idem " as a result,from the angle of legislation provides a legally standard idem principle.But in the specific judicial practice level,the specific judgment of the litigants,the object of litigation and the litigation request still needs the discretion of the courts at all levels to consider.Judgments of standards vary between courts in different districts and courts at lower levels.In this paper,through comparison study of two cases with typical practice,try to summarize the Civil Procedure Law of the 247 th interpretation in the judicial practice of the "one thing",the Supreme Court issued a standard definition of fuzzy point inconsistency,concurrence and not in the case when the judges solve all disputes to deal with the problems of interpretation right.From the judicial practice and more conducive to the unified view of the decision,through the demonstration,put forward to the civil procedure law to explain whether the 247 th conditions are appropriate,the legal facts and legal affairs of the same party,the same as the basic criteria,subject matter of litigation,litigation,litigation request after reasonable negation legislative proposals before litigation judgment as selective criteria.And learn the advanced concept of China's nine trial trial method and method in Germany,from the judge's interpretation right and how to implement the request of litigation,litigation to the fixed point of view,put forward reasonable suggestions on the right of claim,can not solve all the disputes in the case of the trial.It is hoped that this article will provide new ideas for the theoretical research and trial practice of the applicable standard of ban duplicated prosecution.