Research On The Civil Prohibition Of Repeated Prosecution

Since the 70 th anniversary of the founding of the People's Republic of China,great progress and remarkable achievements have been made in the construction of the legal system and legal civilization.The civil litigation system has been evolving with the development of the country and society.“Prohibition of repeated prosecution” originated from the principle of “one thing is no longer reasonable” in the ancient Roman times.As one of the legal effects of litigation system,it has been playing an important role in the civil law system.Generally speaking,the prohibition of repeated prosecution means that the parties shall not bring another lawsuit to the court for the same object of litigation.At present,China's legislative provisions on the prohibition of repeated prosecution are limited to 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 issued in 2015.Due to the lack of relevant legislative provisions,the weak theoretical foundation and the insufficient follow-up of supporting systems,the application of the prohibition of repeated prosecution in China's judicial practice shows confusion and disconnection of unclear recognition standards and application.Based on this,this paper is divided into four parts:overview,extraterritorial investigation,application status,existing problems,causes and improvement path of the civil prohibition of repeated prosecution.In view of the judgment and handling of repeated prosecution,on the premise of considering and balancing the protection of the right of prosecution,the purpose of the civil litigation system and the intention of the prohibition of repeated prosecution,this paper analyzes and studies the legislative status and judicial status of the civil prohibition of repeated prosecution.This paper analyzes the problems and causes of the prohibition of repeated prosecution in China.And actively applies the theories of litigation system,litigation object,and dispute point effect that are complete and in line with China's national conditions,unify the recognition standard and judgment method of repeated prosecution,which accords with the situations of our country;refine thepre-trial filing system,actively adapt to the transition of litigation mode,perfect the application of civil prohibition of repeated prosecution in special cases,such as countervailing plea,concurrence of claims,one claim,subrogation,etc.Strive to achieve the dual development of procedural justice and litigation economy,so as to contribute a little to the construction of modern rule of law in China.