Identification Of Civil Repeated Lawsuits

Pursuant to the Article 247 of Application of the “Civil Procedural Law of the People's Republic of China”(2015 Revision),the same litigants,the same subject matters of lawsuits,the same claims or the negative outcomes of the ruling are used as the recognition standard of civil repeated lawsuits,but the recognition standard has not reached a consensus in both theory and practice.The first chapter discusses the Chinese context of the recognition standard of civil repeated lawsuits.Firstly,it analyzes the connotation,appellation and value of civil repeated lawsuits.From the perspective of time range,civil repeated lawsuits should include: a lawsuit has been filed during the litigation process or after the ruling has come into legal effect.In the context of China's legal system,the title of “Civil Repeated Lawsuits” is more reasonable than that of “Prohibition of Double Prosecution”.The local value orientation of civil repeated lawsuits should be as follows: first,on the basis of the value goal of procedural stability,the concept of absolute prohibition of contradictory judgment should be weakened.Second,it is one of the ways to achieve a one-time settlement of disputes.Secondly,it analyzes the different theories of the identification standard of civil repeated lawsuits,such as “Yitong theory”,“Ertong theory” and“Santong theory”,and evaluates its acceptability in judicial practice.Finally,from an empirical point of view,this paper expounds and comments on the diversified choices and understanding of the identification standard of civil repeated lawsuits in judicial practice.The second chapter of this paper discusses the identification standard of “the same litigants”.First of all,the “identification of litigants” is discussed in two aspects:a lawsuit has been filed during the litigation process or after the ruling has come intolegal effect.Secondly,from an empirical point of view,it analyzes the practical dilemma of “the same litigants” and analyzes the practical choices under different circumstances combined with cases.Finally,it discusses the practical path of“identification of the same litigants”,including the identification of the same litigants or the exchange of litigation status between the litigants,the identification of changes in the number of litigants,the identification of the participants in the litigation,the identification of the substantial same litigants,etc.The third chapter of this paper discusses the identification standard of “the same subject matters of lawsuits”.First of all,the theory of “subject matters of lawsuits” is discussed from two dimensions of “systematic subject matters of lawsuits” and“relative subject matters of lawsuits”.Secondly,from an empirical point of view,it analyzes the practical dilemma of “the same subject matters of lawsuits” and the practical choices of taking legal relationship or substantive claims as subject matters of lawsuits,taking litigation types as subject matters of lawsuits and taking dispute events as subject matters of lawsuits.Finally,it discusses the practical path of“identification of the same subject matters of lawsuits” the old substantive law theory is clearly chosen as the theoretical basis of subject matters of lawsuits by analyzing the reasons such as the absence of theoretical unification of subject matters of lawsuits,the influence of judicial concept of civil law system,and the dominant position of the old substantive law theory.The fourth chapter of this paper discusses the identification standard of “the same claims or the negative outcomes of the ruling”.First of all,it analyzes the three viewpoints on the relationship between “lawsuit claims and subject matters of lawsuits” under the old substantive law theory,and sorts out two interpretations of the meaning of “outcomes of the ruling”.Secondly,from an empirical point of view,this paper analyzes the practical dilemma of the identification of “lawsuit claims and outcomes of the ruling”,and evaluates two practical choices of the identification of lawsuit claims combined with cases,i.e.taking specific request content as lawsuit claims and taking the request pointed out by specific entity rights foundation as lawsuit claims.In addition,it analyzes several practical choices for outcomes of the ruling,such as taking lawsuit claims as outcomes of the ruling,and taking the negative range of Res Judicata as outcomes of the ruling,the form of the outcomes of the ruling of the previous lawsuit,and filing a subsequent lawsuit against some lawsuit claims.Finally,it discusses the practical path of the identification of “lawsuitclaims and outcomes of the ruling”,i.e.redefining the identification standard of civil repeated lawsuits,taking the two important elements of litigants and subject matters of lawsuits as the general standard of identification of civil repeated lawsuits,and in special circumstances,adding the standard of “the same claims or the negative outcomes of the ruling”.Also,it redefines lawsuit claims and outcomes of the ruling from three aspects of time,effectiveness and dimension.The fifth chapter of this paper discusses the exception of civil repeated lawsuits.It analyzes in two aspects: the situations that not belong to civil repeated lawsuits and the situations that not treated as civil repeated lawsuits.The situations that not belong to civil repeated lawsuits include: the occurrence of new facts after a ruling has come into legal effect,the initiation of another lawsuit for the same claims after withdrawing the lawsuit,and counterargument in the litigation.The situations that not treated as civil repeated lawsuits include: status relation litigation and former procedural litigation.So as to define the identification standard of civil repeated lawsuits.