Research On The Identification Of Repeated Prosecution

On the question of judicial chaos of repeated prosecution,it has been criticized for a long time by our country's civil litigation activities,how to prohibit its chaos has been the subject of debate.However,how to get the legal definition and identification criteria of repeated prosecution,how to define this concept will be the most correct and feasible,not only the theoretical circles did not reach a unified understanding,in judicial practice,the practice of different levels of courts.Until February 4,2015,when the new Interpretation of the Civil Procedure Act was officially introduced,the interpretation was published by the Supreme People's Court and has since entered into force in civil proceedings,and article 247 of the interpretation provides for the first time that the repeated prosecution should be defined as the object of legal regulation,listing the four conditions that should be used to identify the situation of repeated prosecution in a real case,that is,the subject matter of the same case should first be the same,the subject matter of the same action should be the same again,and the result of the same action should be the result of the subsequent action and the result of the actual denial of each other.This legal clause fills the legal gap of how to regulate the civil procedure law and the related judicial interpretation of the repeated prosecution,which undoubtedly makes the judge have the basis of the judgment and further promotes the improvement of the civil procedure law in our country.However,because the description of the legal provisions is too simple,there are still many problems in the judicial practice.Therefore,in order to facilitate the judges in practice to better apply the judgment criteria of repeated prosecution,and to better solve the problem of repeated prosecution in judicial practice,this paper takes the identification of repeated prosecution as the object of study.Based on the attitude that the life of law lies in practice,the first part mainly discusses the definition of the concept of repeated prosecution,so as to fully understand its value connotation and pursuit purpose;In thesecond part,we summarize the views of the current mainstream theory on the identification of repeated prosecution,search the current legislative level in the face of repeated prosecution related provisions and explanations,further understand the current situation of judicial practice chaos;in the third part,we find out the reasons why repeated prosecution cases are difficult to identify,so that the next part of the targeted extension of research;in the fourth part,based on the reasons summarized above,put forward corresponding solutions and suggestions,trying to explore new ideas to identify repeated prosecution.Through the above four parts of the interpretation,based on the attitude of practice,seeking a real solution to practical problems,put forward our civil procedure law on the identification of repeated prosecution detailed standards,and finally hope that this can provide a more valuable theoretical reference for the identification of repeated prosecution operation.