Identification Of Relitigation In Civil Litigation

The article includes introduction,text and conclusion.The introduction first introduces the harm of repeated litigation,points out that the purpose of prohibiting repeated litigation is to prevent repeated filing,repeated trial and contradictory judgment,and discusses the problems faced by China's repeated litigation identification standards through three cases of intellectual property rights.The body part discusses the concept of relitigation of action and how to identify"the same subject matter of claims","the same party","same or opposite claims",and the identification standard of repeated litigation in China as a whole.First,by analyzing the evolution of the concept of "non bis idem" this paper discusses the concept of repeated litigation,and combined with the provisions of article 247 of the interpretation of civil litigation law in China,points out that repeated litigation in the French language of China includes two kinds of cases:the litigation in the context of better prosecution and the repeated litigation after the effect of res judicata.At the same time,the author points out the use of the elements of litigation to understand the problem of repeated litigation.The second is the identification of "the same subject matter of claims".The article points out that in practice,the cognizance of the object of action is inconsistent,but the court tends to interpret the object of action as"legal fact+legal relationship".The author further discusses the connotation of the object of action in the French language of China,and points out that the object of action should be understood as the substantive rights or legal relations claimed by the parties in general circumstances.In the aspect of the identification of the object of action,the author advocates to take the specific number of rights as the identification basis,and judge whether the object of action is the same or not through the legal facts of the dispute.Third,the identification of "the same party".This paper first raises the question of the same scope of parties in the repeated litigation,and points out that the scope of parties in the repeated litigation is the same in both cases.In terms of the identification of the same parties,the author believes that"the same parties"cannot independently decide whether to constitute a duplicate lawsuit,and whether the same or not needs to be judged in a specific obj ect of action.The fourth is the identification of"same or opposite claims".The article first puts forward the dispute of the theory of claim and points out that the concept of claim in Chinese French has deviated from the old saying.In the position of interpretation,the author argues that the independent value of the claim should be recognized.The author discusses the meaning of "the claim of the latter lawsuit essentially negates the judgment result of the former lawsuit",and thinks that the situation of the claim of the latter lawsuit materially negates the claim of the former lawsuit can be explained by the way of loophole filling.Finally,the author analyzes the identification method of repeated litigation under the circumstance that the litigants successively put forward the action of confirmation and the action of payment.In the conclusion part,the article discusses the whole recognition standard of repeated litigation in our country.The author insists on the recognition standard of"three sameness",and argues that the recognition process should be different from case to case and comprehensive judgment.