| At present,China’s legislation is standardized and guided by the identification mode of "three elements" of repeated prosecution,but in reality,there are phenomena such as the defendant’s administrative subject delaying performance and performing in disguised form,which has a derogatory effect on the interests of the plaintiff.However,the "subsequent action" of the plaintiff’s re prosecution at this time will be identified as constituting repeated prosecution and will not be accepted or rejected in the decisions of many courts,This "lenient identification and expansionary application" model makes many plaintiffs and parties have to embark on the path of safeguarding their rights through informal channels,resulting in a series of social chaos.Therefore,in this paper,we will explore the reasons and forms for the lenient and expansive application of repeated prosecution and the corresponding problems caused by the courts,and review the above problems in turn,correct the unreasonable factors,and propose feasible solutions for the restrictive application mode of repeated prosecution from the perspective of the real judicial operation.This paper will be carried out from five chapters: the first chapter comprehensively combs the relevant basic concepts involved in restrictive application of repeated prosecution,and summarizes the graftable content and expandable content,so as to provide a theoretical basis for the next case analysis and normative analysis;The second chapter,based on 14 representative cases,deconstructs the judicial tendency of lenient identification and expansionary application of the court,tries to show the behavioral logic behind this judicial tendency,and discusses the problems brought by this expansionary application;The third chapter transfers the above problems from "factual expression" to "normative expression",summarizes the problems caused by the expansion of the application of repeated prosecution,and comes to the conclusion that it is necessary to strictly identify and restrict the application of repeated prosecution;The fourth chapter will put forward a feasible scheme for the restrictive application of repeated prosecution,including the corresponding application links,scenarios,conditions,specific implementation paths and policy space;The fifth chapter will appropriately discuss the exceptions and precautions in the scheme. |
