| Article 247 of Interpretations 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 Judicial Interpretation of the Civil Procedure Law),which came into effect on February 4,2015,stipulates the identification standards of repetitive litigation in China,and makes up for the lack of repetitive litigation provisions in the legislation system of civil procedure.Based on article 247 of the Judicial Interpretation of the Civil Procedure Law,this paper adopts the methods of comparative study and empirical analysis.To start with,the paper explores the connotation of repetitive litigation and the appropriate identification standards,and determines that the connotation of repetitive litigation should include narrowly repetitive litigation and broadly repetitive litigation,and the two different repetitive litigation recognition standards should also be distinguished.Secondly,analysis of the status quo and dilemma of the identification of repetitive litigation in China ’s legislation and justice are conducted.The theoretical research on the identification of repetitive litigation in China is insufficient.Also,Article 247 itself is problematic including not distinguishing between the logic of narrowly repetitive litigation and broadly repetitive litigation,and the identification criteria is unclear,together with the issue that the stipulations of “the same subject matter of the litigation” are biased toward theorizing,which make the determination of “the same subject matter of litigation” in the judicial practice of repetitive litigation identification complicated and confusing.“Subsequent litigation claims essentially negate the results of the previous litigation judgment” cannot serve to identify and expand the standards of repetitive litigation and the difficulty of the judge’s reasoning.Finally,suggestions are provided to improve the identification of repetitive litigation in China for the problems in legislation and justice,including from to establish the theory of litigation in theoretical aspect,to improve the judgment theory,to introduce “disputes”.To reconstruct a standard system for distinguishing narrowly repetitive litigation and broadly repetitive litigation from the recognition criteria.At the same time,to improve the specific regulation of repetitive litigation after identifying. |
