| Civil repetitive litigation leads to multiple trials in the same case,which wastes judicial resources and is highly prone to contradictory judgments.It also makes it difficult for parties to get rid of complicated and difficult litigation.Therefore,both civil law countries and common law countries have attached great importance to the issue of repetitive litigation,and detailed laws are in place to regulate this.The issue of civil double litigation in China is also common in judicial practice.However,for a long time,the Civil Procedure Law and related judicial interpretations have not clearly defined the meaning of repeated litigation.Article 247 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China for the first time stipulates the criteria for the identification of repeated litigation from three aspects: the parties,the subject matter of litigation and the claim,but In theory,there is no consensus on the definition of the subject matter and the content and the extension of the litigation request,which makes it difficult to make a clear and unequivocal interpretation of the connection and difference between the two concepts in legislation and related judicial interpretations.At times,this is often understood and judged based on personal experience.As a result,the criteria for determining repetitive litigation in judicial practice vary from person to person,and different judgments occur in the same case.Therefore,the theoretical and practical circles should combine the advanced theory outside the domain with the judicial practice in China,and further clarify the identification criteria for repetitive litigation suitable for China from both the main and objective requirements,and improve the filing and pre-trial procedures and litigation.The merger,change,and interpretation of the judges,seeking the balance of the procedural safeguards of the parties' right to appeal and repeated litigation regulation. |
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