Identification And Procedure Response Of Repeated Litigation In Partial Claims In China

There are different academic views on whether partial claims constitute repeated litigation.The main reason is the different understanding of the object of litigation the objective scope of res judicata and litigation policy.In 2015 the judicial interpretation of civil procedure law passed and the 247 is about the rule of repeated litigation which is helpful for solving the problem of partial claims.The repetitive litigation clause gives a clear three-element judgment element,which provides a clear idea for analyzing partial claims and helps to unify the judicial practice.However,in China,the prohibition of repeated prosecution in the litigation system and the negative effects of the judgment after the entry into force of the judgment are uniformly regulated in Article 247.Also 247 has the question of how to understand the specific meaning of the two elements of object of litigation and litigation request.On the basis of clarifying the concept of object of litigation and litigation claim,it should be applied to the identification of whether the complaint is the same before and after the partial request.Procedural safeguards are used to dispose this question.The article is divided into five parts.The first part of the article,through the combing of the existing research,points out whether some of the petitions after the request constitute more reasons for repeated litigation disputes,and proposes to analyze the ideas of partial claims from 247.The second part examines and analyzes the cases in the judicial practice.The cases of the plaintiffs splitting and prosecution mostly occur in the cases of contractual relations and tort damages,and the typical cases are selected and found in judicial practice.There are certain differences between the recognition and handling of partial claims.The third part analyzes the repeated analysis of the main analysis tools of the article.According to the idea of the judgment of the requirements,The factors of the parties are not considered,and object of litigation and litigation claim are clarified.the main disputes of the partial claims are on the issue of the object of the litigation.The object of the litigation shall be understood as the substantive rights and obligations of the parties to the dispute and shall be subject to the same legal facts.Litigation claims and object of litigation are different concepts.The litigation claim is the plaintiff's specific claim,which is the specific performance of the plaintiff's disposition.The litigation claim has independent value at the same time before and after the judgment.Substantive,loose standards should be adopted for the understanding of litigation claims in repeated litigation clauses.Before and after the complaints are only different in amount or different in the petition,if the plaintiff s claim is to be interpreted as including all of its claims,the claims are essentially the same.If the before and after litigation claims cannot be covered by each other,they should be considered different.when the partial claim is judged to be the same as the litigation target,and the litigation request is different,the subsequent appeal does not constitute a repeat litigation,but it needs to be combined with the specific analysis of the case.The fourth part is analyzing the special circumstances under which the post-suit should be considered to constitute a repeat litigation.If the plaintiff is allowed to file a lawsuit without restriction,it does not meet the institutional logic of prohibiting repeated litigation,resulting in the plaintiff's abuse of the right to appeal.Therefore,in some cases,the plaintiff's late action should be considered as a repeat action.In the litigation system,the plaintiff is not allowed to split the lawsuit in principle.In the case of losing the lawsuit,the subsequent lawsuit request essentially negates the result of the previous lawsuit,and the result of the judgment can be expanded to the core reason.Under the procedural guarantee,through the participation of the plaintiff,the defendant,and the multi-party of the court,the boundaries of their rights can be clarified.The interpretation right of court should play an important role in guiding the advancement of the program promoting full communication between all parties and forming a consensus.The self-responsibility generated by the procedure will constrain the parties' next-step litigation behavior.