| In recent years,the problem of repeated prosecutions has become more prominent in judicial practice,and judges are facing confusion about how to identify repeated prosecutions.In particular,some basic-level judges,lawyers,and other legal practitioners cannot accurately grasp the identification standards for repeated prosecutions.I don’t know the legal principles behind it and cannot be applied correctly.It loses the value of the system of repeated prosecutions.It not only wastes limited judicial resources but may also cause a litigation burden to the parties.Repeated prosecution is closely related to the party’s right to sue.The prohibition of repeated prosecution is a restriction on the party’s right to sue.Accurate identification of repeated prosecution is conducive to the one-time settlement of disputes.From the court’s perspective,timely regulation of repeated prosecutions avoids conflicting judgments,helps establish judicial authority,saves and rationally allocates judicial resources,and achieves the effect of litigation economy.There have been judicial interpretations on the identification of repeated prosecutions,but it is very arbitrary in practice.Therefore,through practical case analysis of the problems in the identification of repeated prosecutions in the trial,the rules are refined to explore the connotation of the parties,the subject of the lawsuit,and the claim.And extension will definitely help judicial practice.In 2015,the implementation of Article 247 of the Interpretation of the Civil Procedure Law clarified the identification criteria for repeated prosecutions,but there are still a large number of identification problems in trial practice,causing identification disputes.Aiming at the main identification problems in trial practice,this paper analyzes the basic theory of the judicial review system of repeated prosecutions and accurately grasps the elements of repeated prosecution identification,and puts forward suggestions to solve the problem of repeated prosecution identification.First of all,according to the case,it leads to the problems of judges in identifying repeated prosecutions,pointing out the confusion between repeated prosecutions and similar non-compliance with the prosecution conditions and pre-determination effectiveness,and identifying the three elements of the parties in repeated prosecutions,the subject of the lawsuit,and the claims.Existing problems.Secondly,learn from the basic theory behind the regulation of repeated prosecutions in the civil law system,clarify the basic theory of the judicial review system for repeated civil prosecutions,raise awareness of the identification standards for repeated prosecutions,and recognize the three elements of the parties,the subject of the litigation,and the litigation request during repeated prosecutions.Connotation is analyzed to reduce differences in identification issues,so as to facilitate accurate identification in judicial trials.Finally,suggestions are made to improve the rules for identifying repeated prosecutions.On the one hand,from the perspective of updating the concept of repeated prosecution identification standards,it is proposed that the abandonment is no longer reasonable,and the review rules of the three-element identification standard are used accurately.On the other hand,from the perspective of the specific elements of repeated prosecution identification,the three elements should be substantively judged and put forward suggestions on the identification rules of each element. |
