On The Identification Of Repeated Civil Prosecution

In the judicial practice of civil litigation,in order to increase the probability of winning a lawsuit,the parties often abuse the litigation right to repeat the prosecution,which is common in judicial practice.The drawbacks of repeated prosecution are frequent,which will have a serious negative impact on the parties and judicial organs.In order to make effective use of judicial resources,improve the efficiency of dispute resolution and prevent the courts from making contradictory decisions,duplicate prosecution should be prohibited in principle.However,the theoretical circles still need to explore the criteria for judging repeated prosecution.The newly promulgated Judicial Interpretation of the Civil Procedure Law in 2015 incorporates duplicate prosecution for the first time,which undoubtedly helps to define and deal with duplicate prosecution in practice,and also helps to improve China's laws and regulations.The relationship between repetitive prosecution and several related concepts is complex.At present,there is no unified and complete understanding of these theories in the field of civil procedural law in China,and the current laws and regulations on repetitive prosecution in China are not perfect,which will certainly put judicial practice into a passive predicament.This paper takes the civil repeated prosecution as the research object,makes case studies and analysis of various theories and judicial practices in the theoretical circles,and puts forward countermeasures and suggestions on the related problems arising from the civil repeated prosecution in China on this basis.This paper consists of five parts,which are as follows:The first part is the introduction,focusing on the background and significance of this study as well as the research status at home and abroad,and analyzing the research methods and innovations of this paper.The second part discusses the definition of the concept of civil double prosecution and its relationship with related concepts.It introduces the concepts of double prosecution,non-principle of one thing,res judicata and litigation affiliation respectively.It also studies and analyses the relationship between the concepts of double prosecution and non-principle ofone thing,res judicata and litigation affiliation,and clarifies the similarities and differences of these concepts.The third part studies the current situation and existing problems of identification of civil duplicate prosecution in our country.It introduces the legislative and judicial status of identification of civil duplicate prosecution respectively.On the basis of recognizing the current situation,it focuses on studying and analyzing the problems existing in the identification standards of parties,object of action,claim of action and so on.At the same time,it also points out the lack of supporting system of civil duplicate prosecution.The fourth part elaborates on the status of civil double prosecution in foreign countries,mainly lists the relevant provisions and judgment criteria of the identification of civil double prosecution in Germany and Japan.At the same time,it compares and analyses the relevant provisions of the United States and the United Kingdom,summarizes and draws lessons from the experience of our country.The fifth part mainly puts forward effective countermeasures and suggestions from the theoretical basis,identification criteria and supporting system of civil duplicate prosecution.It mainly emphasizes the need to strengthen the theoretical exploration of duplicate prosecution,put forward the theory of constructing litigation system theory and clarifying the object of action,and also need to improve the three identifying elements of duplicate prosecution.In addition,we need to improve the duplicate prosecution.Supporting system,let these supporting systems escort the system of repeated prosecution.