| At present,due to the frequent economic activities in the socialist market,the economic disputes involved in litigation often occur,with a wide variety and complex content.This paper focuses on the analysis of the nature of the contract from the punishment of contract dispute cases,because the accurate judgment of the nature of the contract is the key to solve the dispute.Although the dispute involved in the case was decided in the second instance,there were some problems in the judgment,such as the wrong qualitative judgment of the contract,which led to the wrong application of law and so on.At the same time,there are also the key issues that should be analyzed in this case whether both parties have filed a lawsuit and whether it constitutes a repeated lawsuit.This paper mainly starts from two parts:entity and procedure,analyzes the problems existing in the case,and puts forward the corresponding solutions to the case.On the one hand,in terms of the entity of the case,the author mainly starts from the examination of evidence and the characterization of the case,and then continues from these two parts to the application of law.The author has profound thinking and Reflection on this.In judicial practice,the examination and determination of evidence needs to abide by specific rules,and the trial judge of a specific case should rely on the corresponding provisions to make a reasonable judgment on the admissibility and exclusion of evidence.The determination of the facts of the case is made by the trial judge after legal examination.Due to the lack of systematic characteristics of the current civil procedure law on the rules of evidence examination and determination,although there are some provisions in the relevant laws,due to the lack of detailed and comprehensive provisions,it will bring huge problems to the civil procedure in the process of time.Therefore,on the basis of the original provisions,we must speed up the refinement of China’s rules for the examination and determination of evidence.On the other hand,as for the procedure of the case,this case mainly involves the problem of repeated prosecution,that is,whether the claim of the subsequent lawsuit essentially negates the judgment result of the previous lawsuit,which increases the difficulty of identifying whether the previous lawsuit and the subsequent lawsuit are the same.In China’s legal practice,the identification standard is also the content we need to focus on.Therefore,the identification of litigation is an important factor and prerequisite for regulating repeated litigation,and it is of great significance to improve the related aspects of China’s civil litigation system and procedure.In legal practice,the research on repeated prosecution is of great significance.In the future,more legal workers will pay attention to the theory and practice involved in repeated prosecution,and then the practical problem of repeated prosecution will be solved. |
