The Study Of The Regulation Of Civil Repeated Litigation

Repeated litigation is very common in civil litigation in China.It has negative impacts,such as increasing the party's burden of responding to litigation,aggravating the court's burden of trial,and causing contradictory judgments,etc.In order to maintain the stability of the proceedings,realize the effective distribution of judicial resources,we should effectively regulate the civil repeated litigations.In the Judicial Interpretation on the Civil Procedure Law implemented in 2015,civil repeated litigation was firstly denied and the criteria of identification of repeated litigation were clarified,which provided legal basis for effectively regulating civil repeated litigation.However,the forms of repeated litigations in judicial practice are complicated and diversified,which makes the above judicial interpretation weak in its application.Therefore,the establishment of a more complete system of regulating civil repeated litigation should rely on founding and improving theoretical basis for regulating civil repeated litigation,clarifying the criteria of identification of repeated litigation,reconstructing the methods for regulating repeated litigation by means of setting up the database of query of files,setting up the system of compulsive counterclaim,specifying solutions to the repeated litigations of various forms.