Research On The Application Of The System Of Prohibiting Repeated Prosecution In Civil Litigation

Before the promulgation of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China in 2015(hereinafter referred to as the Judicial Interpretation of the Civil Procedure Law),there is no accurate standard for whether two suits constitute repeated prosecution in China’s civil proceedings.In judicial documents,the principle of non bis in idem is usually invoked to deal with such cases.2015 "judicial interpretation of the civil procedure law" in article 247 of the formal identification standard of repeated prosecution regulation,although the identified uniform identification standard,but there is still a problem in the practical application,some court can not accurately distinguish anymore about the "principles" and "repeated prosecution identification standard",difficult to strictly according to the current rules.If we want to deeply analyze the prohibition of repeated prosecution system,we need to study the non bis in idem principle,res judicata theory,litigation system,litigation object and other relevant theories behind it,and then discuss the existing problems of the prohibition of repeated prosecution system in China and how to improve it.In addition to the introduction and conclusion,this paper consists of three parts.The first part is an overview of the system of prohibition of repeated prosecution,including the analysis of basic theory and the value of the system of prohibition of repeated prosecution.The second part is the investigation of the application of the prohibition of repeated prosecution system.Firstly,the status quo of the application of the system is analyzed.Secondly,the problems existing in the application process of the system are analyzed.The third part is the Suggestions to improve our ban repeated prosecution system,this paper holds that the existing provisions do not on whether the two litigation constitutes repeated prosecution accurate identification,should be strictly regulate the implementation of a "judicial interpretation of the civil procedure law" the 247 th,the understanding of "claim" shall be unified,the essence of negative standard shall be qualified.At the same time,to further improve the current system of prohibition of repeated prosecution,we should limit the scope of prohibition of repeated prosecution,adjust the existing identification standards and strengthen the application of supporting measures on the basis of adhering to the principle of settling disputes once,so as to better display the value of prohibition of repeated prosecution system.