Research On The Principle Of Lis Pendens Of The Civil Procedure In China

Multiple litigation,not only increases the burden of litigants,but also disturbs the normal judicial order.There is no need for repeated debate and trial,and it should be prohibited.But Current China has the problems of lacking multiple litigation legislation and dealing system,which need our urgent perfection.Although 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 provides a clearer legal basis for identifying and dealing with duplicate litigation in judicial practice,but the judicial interpretation does not clearly define the concept of duplicate litigation,nor clarify its relationship with such concepts as non bis judicata and res judicata.In Article 247 of the Judicial Interpretation of Civil Procedure Law,there are defects in the setting of the elements of Multiple litigation: the elements of the parties are too absolute,the elements of the object of litigation can not be defined,and the elements of litigation claim have loopholes.In addition,the definition of the concept of duplicate litigation dispute,the provisions of pre-requisite review and declaration are still blank,and the disposal of duplicate litigation is too simple and separated from judicial practice.In China's civil litigation practice,due to the inadequacy and blankness of legislation,the principle of prohibition of duplicate litigation is at odds with other civil litigation systems,and the practice of the principle of prohibition of duplicate litigation inevitably presents multiple practical difficulties.Therefore,while conducting legislative and theoretical research,this paper pays attention to combining practical problems in practice,setting up the procedure of pre-examination and intermediate declaration of duplicate litigation contention based on relevant provisions of judicial interpretation,and trying to conform to the practice of the normative system of the principle of prohibition of duplicate litigation.