Judicial Application Of Repeated Prohibition Of Lawsuits

Repeated litigation prohibition is one of the important principles of civil procedure law.Its purpose is to protect the lawful exercise of the parties' right to sue and the realization of the interests of related entities and procedural interests,and to appropriately expand the function of the litigation system to resolve disputes,so as to make the disputes as much as possible.A lawsuit was completely resolved to avoid causing contradictory judgments,achieving a litigation economy,and saving and rationally allocating judicial resources.Since the judgment and handling of repeated litigation has always been a major problem in judicial practice,if we can combine the real cases and analyze the system of repeated litigation prohibition,and reveal the causes,find the lack of rules,refine the rules,and must produce judicial practice.Great help.This paper begins with the disagreement between repeated litigation and prohibition,discusses the relationship between the prohibition of repeated litigation and the irresponsibility and judgment,and determines the connotation of repeated litigation and prohibition.Then it sorts out the legal origins of repeated litigation prohibition.Judgment interpretation of the "three common"(that is,the same party,the same subject matter of litigation,the same litigation request)judgment elements,respectively,pointed out the disputes in judicial practice.Secondly,in view of the harm of repeated litigation to the judiciary,this paper also analyzes and analyzes the status quo of the Anglo-American legal system,the civil law system and the prohibition of repeated litigation in China,and focuses on the analysis of repeated litigation justice from the macro,meso and micro levels.The problems faced by regulation.Finally,according to the status quo of repeated litigation regulation,the paper puts forward a perfect path for the prohibition of judicial application in repeated litigation.Through the summarized rules and methods,the disputes on the level involved in the "three commons" and the actual cases cited in this paper are analyzed to determine whether it constitutes a repeat litigation..