On The Criteria And Perfection Of Repeated Prosecution In Civil Litigation

The judicial interpretation of the civil produce law in 2015 provides recognition methods and processing modes of repeated prosecution.Although the regulation clarifies the standard of repeated prosecution,because there are so many controversial theories,different theoretical controversies have different understandings of the standard.And it is inconsistent with the actual operating standard of the repeated prosecution case.Therefore,this article through to the connotation of repeated prosecution to comb,and combined with the current repeated prosecution standards in our country's legislation and judicial application situation,and combining with China's mainland academics and academic theory of repeated prosecution standards to explore from different points of view,on the application of the standard of repeated prosecution and its specific put forward their views,in terms of theoretical foundation and concrete applicable to its perfection.This paper is divided into four parts.First of all,the combination of repeated prosecution history origin and educational world to different understanding of the connotation of repeated prosecution,the connotation of repeated prosecution in China,for the following questions about the standard of repeated prosecutors research analysis.Secondly,combing repeated prosecution standards in our country the development grain of in legislation and judicial practice condition and problems,focusing on the judicial interpretation of the civil procedure law "the 247 th regulation of the standard of repeated prosecution introduced,discuss the problems that exist in the standards.Thirdly,based on the opinions of Chinese academic circles on the standard of repeated prosecution,and on the basis of the discussion on the standard of repeated prosecution,the problem was found and the opinion was put forward.Finally,in view of the current problem of repeated prosecution on the standards in our country or unreasonable place,on the premise of the improvement of the basic theory,explore the repeated prosecution standards and the improvement of the exceptions.