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.

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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
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article

Research on the Perfection of the System of Prohibiting Repeated Litigation in Civil Procedure

Zhenjiang Shen
Law and Humanities
Regional Development and Environment
article

Research on the Perfection of the System of Prohibiting Repeated Litigation in Civil Procedure

Zhenjiang Shen
article en

Abstract

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.

Law and HumanitiesVol. 1(3)
Anhui University of Finance and Economics (CN)
Openalex Percentile: Top 78%
Regional Development and Environment
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