Identification And Application: Research On Prohibition Of Repeated Civil Prosecution System

The promulgation of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the PRC in 2015(hereinafter referred to as the Interpretation of the Civil Procedure Law),which formally stipulated the prohibition of repeated prosecution system for the first time,providing basic guidelines for the court to identify civil repeated prosecution.Although this provision fills the blank of the system and makes the regulation of repeated prosecutions lawful,it does not make the definition of the above three requirements clear when the parties,the subject of the action and claims are used as the identification criteria,which makes judicial application difficult.In addition,there are very few cases in which the judging body has strictly followed the above three requirements.The disconnection between the legal provision and judicial practice has exposed many problems in the operation of the system.Therefore,it is necessary to systematically explore the prohibition of repeated prosecution in civil lawsuits,meanwhile in the hope that this article can make feasible suggestions for the improvement of prohibition of repeated prosecution system in China.This article starts from the basic principle of the prohibition of repeated prosecution system.First,the civil repeated prosecution is defined as the action of the pre-appeal being in the lawsuit or the pre-appeal judgement has taken effect,and the parties have brought the lawsuit to the court on the same matter.On this basis,argues that the prohibition of repeated prosecutions system and the principle of non bis in idem are just two aspects of the same perspective.The former focuses on prohibiting the parties' abuse of litigation from the perspective of restricting the parties' reasonable use of the right of action;the latter places greater emphasis on the inadmissibility of repeated prosecutions when the judicial authority exercises its jurisdiction.And the prohibition of repeated prosecutions is not a purely inclusive relationship between the res judicata and the action dependence,but there are overlapping parts.Secondly,this article examines similar systems and related theories of typical countries and regions in different jurisdictions from an extra-territorial perspective,and uses the thinking of comparative law to present a few useful experiences for reference.Thirdly,focusing on the status quo of the domestic system operation,combined with typical case analysis,it is pointed out the current legislative aspect,it is difficult to apply the identificationstandards of the three major elements stipulated by the law,and at the same time,the judicial aspect also lacks relevant guarantee systems and norms.Finally,summarize the full text and return to the improvement of the system,and it is suggested that the legislation should amend the identification standards and clarify the specific identification of each element.At the same time,it further proposes that the same parties and the same subject of action are taken as the core identification criteria,and use common points of contention instead of claims as a supplementary element to identify frequent repeated prosecutions.Among them,the identification of the same party refers to the expansion of the subjective scope of the judgment,and the identification of the same subject matter of litigation adopts the "typed" analysis method.Judicially,the prohibition of repeated prosecutions is an important system that affects the whole body.It is necessary to establish and refine related supporting guarantee systems and regulate synergistic efforts,such as setting up dispute resolution procedures,specifying judges' interpretation obligations,strengthening case guidance,and establish a national networked case filing database and so on.