Research On The Practice Of Recognition Of Civil Repeated Prosecution

Article 247 of the Interpretation of Civil Actions implemented in 2015 established a system for prohibiting repeated prosecutions.The main problem in current judicial practice is that the identification criteria for repeated civil prosecutions are not clear enough.In practice,it is difficult for judges to identify whether the two prosecutions constitute duplications,and it is easy to produce "different judgments in similar cases" or even contradictory judgments.The reason is that the description of the legal provisions is too simplistic,and there is no consensus on the theories of the subject matter of the litigation involved and the genus of the litigation.There is no clear determinism on how to learn from the doctrines under different concepts,that is,the identification standard for repeated litigation is still needed.Further refinement.By comparing foreign and domestic legislation and research results on civil repeated prosecutions,combined with the data of the current state of my country’s judicial practice,the identification elements of repeated prosecutions are analyzed one by one,and the types of repeated prosecutions are classified.On the basis of this,corresponding suggestions are put forward to perfect the legislative theoretical system suitable for my country’s national conditions.Establish a system of litigation system and clarify the theory of the subject of litigation;at the same time,it refines the relevant supporting systems in the judiciary to strengthen the interpretation of the judge’s obligations;sequentially identifies the constituent elements to improve efficiency;strengthens the guiding role of typical cases,and unifies the application of laws and judgment standards;establish The nationwide case filing query system database improves the screening efficiency of repeated litigation,and hopes to provide help for judicial practice.