Research On The Recognition Standard Of Repeated Prosecution In Administrative Proceedings

The Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China,promulgated and implemented on February 8,2018,provides a comprehensive and systematic regulation of the application of the Administrative Procedure Law.Some missing issues have also been effectively supplemented,and one of them is the identification criteria for repeated litigation in administrative litigation.Although this regulation makes the prohibition of repeated litigation have a legal basis and fills in the gaps in the system,the provisions of the judicial interpretation are inconsistent because the provisions of the provisions are rough and general,not detailed enough,and are inconsistent with the operating standards for identifying repeated prosecutions used in previous practice.It is out of touch with judicial practice and has not fully achieved its legislative purpose.Moreover,how to define repeated prosecutions and how to identify repeated prosecutions has not been thoroughly explored in the theoretical and practical circles.Therefore,this paper intends to trace the source of the prohibition of repeated litigation system,combined with the specific development process of the system in China and the operation in practice,focusing on the definition and identification of repeated prosecution,while drawing on the relevant institutional doctrines of other legal systems,I hope to put forward some opinions and opinions on promoting the identification of repeated lawsuits in administrative litigation.This paper is divided into four parts to discuss the history,concept and legal basis of prohibition of repeated prosecution,analyze the development and current problems of repeated prosecution in China's administrative litigation,and put forward relevant countermeasures and Suggestions.The first part is the summary of repeated prosecution in administrative litigation.This paper mainly expounds the origin of the theory of repeated prosecution,the concept of repeated prosecution,the discrimination of related concepts and the identification of the significance of repeated prosecution.The second part is the status quo of the identification of repeated administrative prosecution in our country.It finds the actual state of the identification of repeated administrative prosecution in current administrative litigation from the aspects of legislation and judicature.The third part analyzes the confusion of the identification of repeated prosecution in China's administrative litigation,and analyzes the judicial dilemma in the identification of repeated prosecution.The fourth part of the author from the litigant,litigation object,litigation request to build a relatively clear identification standard of repeated prosecution.Then,the author analyzes the reasons for preventing repeated prosecution,that is,under what circumstances and on what grounds reprosecution does not constitute repeated prosecution.Finally,the author distinguishes the other application reasons that are easy to be confused with the application reasons that constitute the judgment reasons for the dismissal of repeated prosecution in judicial practice,in order to clarify the application of the reasons for the rejection of different rulings and solve the problem of judicial application disorder.