Research on the Perfection of the System of Prohibiting Repeated Litigation in Civil Procedure
The system of prohibiting repeated litigation plays a significant role in civil li-ti-gation, aiming to maintain judicial order, protect the rights and interests of par-ties, and improve litigation efficiency. Although China has stipulated the prohi-bition of repeated litigation in relevant judicial interpretations, it still faces many dilemmas in both theoretical and practical aspects. Through theo-retical analysis of the system of prohibiting repeated litigation, this paper dis-cusses its concept, origin, relationship with related concepts, and judicial value. Com-bined with the current situation of the system in China, it deeply analyzes the problems existing in legislative identification standards and judicial safe-guard measures. Drawing on the experience of the two major foreign legal sys-tems, it puts forward legislative improvement suggestions such as clarifying the scope of case subjects, improving the theory of the object of litigation, adopting the the-ory of litigation pendency, and supplementing the theory of issue pre-clusion. It also proposes directions for improving judicial safeguard measures, such as ac-celerating the establishment of a shared case-filing information net-work plat-form, supplementing guiding cases, and refining the judge's explana-tion system, so as to promote the continuous improvement of China's system of prohibiting repeated litigation.
Authors
- Zhenjiang Shen (ORCID: https://orcid.org/0000-0002-0417-5962)
Institutions
- Anhui University of Finance and Economics (CN)
Publication Details
- Journal
- Law and Humanities
- Published
- 2025-07-05
- DOI
- https://doi.org/10.63313/lh.9027
- Primary Topic
- Regional Development and Environment
- Type
- article
- Field-Weighted Citation Impact
- 0.00