Research On The Identification Of Repeated Prosecution In Administrative Litigation

Repeated prosecution will not only increase the litigation burden to litigants,waste judicial resources,but also may cause contradictory judgment and impair judicial justice.In recent years,the phenomenon of repeated prosecution in administrative litigation has emerged endlessly,which needs to be regulated by law.The Interpretation of the Supreme People’s Court on the Application of the Administrative Procedure Law of the People’s Republic of China issued in 2018 stipulated for the first time in Article 106 the identification standards of repeated litigation in administrative litigation,including three requirements: "The parties are the same","the object of litigation is the same","the claims are the same or the claims of the later litigation are included in the former litigation judgment".This is also the legal standard for identifying duplicate prosecutions in the field of administrative litigation.However,the judicial interpretation does not explain in detail what is "the same parties","the same object of action" and "the same claim or inclusion",which hinders the application of this standard to a certain extent,leading to confusion in the application of the basis of judgment even after the introduction of the judicial interpretation,and the phenomenon of different judgments in the same case often occurs.In addition,the judicial practice also appears to confuse the application of repeated prosecution with other legal causes of rejection of prosecution.All these make the identification of administrative litigation repeated prosecution into a dilemma.In this paper,266 cases involving the dispute of recognition of repeated administrative litigation since the introduction of judicial interpretation are selected by the method of case study.By combing the samples,the problems existing in the process of recognition of repeated administrative litigation are summarized.Specifically,the problems include three levels.Second,there are differences in the specific recognition of the three elements in the legal identification standard(whether the parties are the same,whether the claims are the same or contain,whether the object of action is the same)by the courts in different cases,and the phenomenon of different judgments in the same case often occurs.The third is the selective application of the three elements of the identification standard in judicial practice.On this basis,combined with the theoretical analysis,the causes of the problem are deeply explored.At the same time,combined with the judicial practice outside the region,the views of experts and scholars,and the legislative status quo of the repeated prosecution of administrative litigation in China,the specific identification methods of the three elements in the identification criteria,the relationship between the three elements,and the relationship between the repeated prosecution and other causes of rejection of the prosecution are analyzed and discussed.Finally,based on the proposal and analysis of the problems in the first two parts,it further clarifies the specific connotation of the three elements in the identification standard and the relationship between them,clarifies the application of repeated prosecution and other causes of rejection of prosecution,and unifies the specific identification ideas of repeated prosecution in administrative litigation at the present stage.