Investigation Report On "Repeated Prosecution"cases In L Province

"Repeated prosecution" is a kind of litigation phenomenon which is very common and has existed in judicial practice.Before the implementation 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 Interpretation of the Civil Procedure Law)on February 4,2015,this kind of cases often use the principle of " non bis" as the judgment basis.However,there is no clear stipulation about what kind of litigation belongs to "repeated prosecution".After the interpretation and implementation of the civil procedure law,it gives a clearer basis.Then,the implementation of Interpretation of the Supreme People's Court on Administrative Procedure Law of the People's Republic of China from February 8,2018(hereinafter referred to as the Interpretation of Administrative Procedure Law)also gives the specific provisions of "repeated prosecution" which are similar but slightly different in terms of words.These two legal provisions also become an important basis for the determination of "repeated prosecution" cases.With the fact that the registration system implements and the "port" of litigation has been liberalized,a large number of cases have flooded into the court,and the cases of repeated prosecution have increased significantly.On the one hand,under the unprecedented increase of trial pressure,these "repeated prosecution" cases not only consume valuable judicial resources,but also let the parties make use of judicial procedures and deliberately repeat the litigation for many times in order to achieve their personal goals,which makes the other party upset so that they take money to settle the case.Such results are neither in line with the significance of judicial proceedings nor the pursuit of justice by law.On the other hand,there are still many gaps in the legal provisions of "repeated prosecution" and the legislation is not detailed enough.In order to adapt to the complex and changeable cases,in the trial practice,the judge will have his own understanding and interpretation of the legal provisions of "repeated prosecution",which plays a crucial role in the determination of "repeated prosecution" cases.For the prosecution,once the litigation is identified as "repeated prosecution",it means that its litigation purpose will not be supported.Based on the practice,this paper tries to practice the guideline of "from practice to practice".Taking L Province as an example,it includes primary,intermediate and senior people's courts spanning 2018 horizontally.It conducts a comprehensive investigation on the case of "repeated prosecution" determined by Provincial L court.According to the research results,this paper makes a detailed analysis from three aspects of big trial data,practical cases and causes,and puts forward targeted and feasible regulatory opinions,striving to achieve the dual purpose of maintaining the legitimate rights and interests of the parties and improving trial efficiency in order to reduce the occurrence and circulation of "repeated prosecution" cases and improve the trial and judgment of "repeated prosecution" cases.