Research On Prohibition Of Repeated Prosecution System

Repeated prosecution is also called repeated lawsuits,repeated means that the same thing reappears,litigation and sue;litigation and dispute.It is literally understood that the same complaint is being disputed again.At any time,repeated litigation should be banned.The understanding of the system of prohibiting repeated prosecution is usually based on the principle of ignoring one thing.The principle of ignoring one thing can be traced back to the ancient Rome's litigation system.After the completion of the litigation,it will produce the effect of one suit.However,the effect of the case in the ancient Roman period was only directed at the plaintiff,but it could not prevent the defendant from prosecuting the same dispute again.In order to overcome this shortcoming,the effectiveness of the decided case has been developed,that is to say,the case that has already been tried,whether it is the plaintiff or the defendant,is not allowed to argue again in the same case.Repeated prosecution is a procedural problem often encountered in my country's civil litigation activities,and it will usually be accompanied by negative costs such as increased costs of litigation,litigation of judicial resources by courts due to repeated trials,and conflicting judgments.In order to maintain the stability of the litigation procedure,the certainty of the trial results,reduce the litigation costs of the parties and realize the effective allocation of judicial resources,we should prohibit repeated prosecutions in order to play an effective guiding role in litigation activities.At present,our country's legal provisions prohibiting repeated prosecution are mainly written in 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"(hereinafter referred to as the " Civil Prosecution Law Judicial Interpretation"),although in our judicial practice China has always been opposed to repetitive prosecution,but this interpretation is the first time in history that this kind of behavior that affects judicial procedures and results has been listed as a normative object,and at the same time it has determined its constituent elements,which fills our national prosecution law in the system of prohibiting repetitive prosecution.Vacancies.Although the emergence of this judicial interpretation provides a legal basis for prohibiting repeated prosecutions,it does not provide a clear conceptual definition,specific guidance on the application of the identification criteria,and a single method of prohibiting repeated prosecution.The operability of identification standards and the scientific nature of processing methods have always been hot topics in academic circles.The necessity of litigation rules is reflected in the standardization of problems in practical operations and can effectively guide the behavior of the parties and judges.To ensure a stable and orderly litigation procedure,protect the litigation interests of the parties,and safeguard the national judicial authority,the first task is to accurately understand the existing legal norms and the legal basis behind.it.This article first explains the theoretical origin of the prohibition of repeated prosecution rules in China's civil proceedings,the theoretical basis of related concepts,existing identification standards and legal consequences,etc.,and then on the basis of combining the words and practices encountered by various families Judicial dilemma,comprehensive analysis of the application of the judicial interpretation in China's civil litigation practice.