Research On The Determination Of Duplicate Action

In 2015 the Supreme People's Court on applicable of the civil procedure law explanation "of the judicial interpretation level indicate the direction of the repeated action decided,but if the officials repeated litigation constitutive requirements applied in trial practice,the lack of specific operational obvious flaws make the judge ruled that the repeated action inevitably fall into the predicament of the practice how to operate.To solve this problem,this paper draws lessons from the relevant specific operations of the Supreme People's Court in the determination of repeated litigation judgment,and clarifies relevant concepts and theories by introducing relevant theoretical concepts,so as to finally form a specific determination method of repeated litigation that is compatible with practical operations.The first part mainly introduces the concept of repeated litigation,the elements of repeated litigation and its relationship with non bis in idem.From China in the second part through the network to obtain written judgment of the Supreme Court in 2015 two stages before and after the repeated action of the referee,it is concluded that the Supreme Court in the repetition of the litigation has been formed on the standard choice of a more unified approach to the civilian interpretation under article 247(1)three standards,significant improvement practice in the field of chaos.The third part is mainly to elaborate the existing predicament of cognizance of duplicate litigation practice.Specifically: "in the lawsuit" the expression is improper;There are disputes about the same application of the parties in the scope of subject matter,litigation status,and newly added defendant in later litigation;The old litigation objects fail in the issues of responsibility concur;There are some problems in the definition of the connotation and the corresponding provisions of the litigation claim(the partial request is insufficient).The fourth part is to solve the dilemma of duplicate litigation practice identification.Expressive: the introduction of litigation belongs to the concept of "litigation in the" statement.By clarifying the scope of the same parties,the exchange of litigation status between the parties does not affect the same,and in the specific conditions of the new defendant in the later litigation,the problem of the same parties is solved.For the problems existing in the object of action,the concept of dispute fact and dispute point can be introduced as an auxiliary method to identify the object of action.Finally,the meaning is not clear in the claims and parts requests the shortage problem of rules,starting from the practice,the claims shall adopt and litigious most fit v.statement,and some requests can Sue based on part of the request of the law and judicial practice in our country at present situation,based on the theory of draw lessons from foreign parts request,should adopt the "win said" standards.