Research On The Civil Prohibition Of Repeated Prosecution System

In a sense,the system of prohibiting repeated prosecution has the same origin as the principle of "one thing is no longer reasonable".The system of prohibiting repeated prosecution was formally established in our country only after the publication of the Interpretation of Civil Procedure in 2015.Compared with the system of prohibiting duplicate prosecution in developed countries,there are still some problems in the system of prohibiting duplicate prosecution in our country,such as the lack of system provisions,the vague definition of identification criteria,and the confusion in dealing with the phenomenon of duplicate prosecution.In addition,the disconnection between theory and practice makes it impossible for China's system of prohibiting repeated prosecution to be effectively applied in practice.Based on the theoretical origin of the system and the relationship with the relevant systems,this paper puts forward some suggestions to refine the identification standards and related norms in view of the provision setting and identification standards,puts forward some suggestions to improve the relevant procedures and supporting measures for dealing with the confusion of repeated prosecution,and introduces advanced theories and enhances the feasibility of operation in view of the disconnection between theory and practice.Suggestions are made to further improve and develop the system of prohibiting repeated prosecution in China.