Open AccessIdentification and Regulation of Repeated Prosecution in Civil Litigation
Author(s) -
Muzi Li
Publication year - 2022
Publication title -
scientific and social research
Language(s) - English
Resource type - Journals
ISSN - 2661-4332
DOI - 10.36922/ssr.v4i1.1310
Subject(s) - judicial interpretation , law , civil procedure , political science , supreme court , interpretation (philosophy) , civil rights , judicial activism , civil law (civil law) , identification (biology) , judicial review , public law , computer science , botany , biology , programming language
In 2015, China Supreme People’s Court for the first time issued a judicial interpretation on civil procedure. In order to address the persistent problem of repeated prosecution of parties abusing their litigation rights in civil proceedings, the court makes provision for repeated prosecutions, so that it can be followed during trials. Undeniably, this judicial interpretation has filled the gaps in the law, but there are still some problems in its application. At present, Article 247 of The Judicial Interpretation of Civil Procedure Law stipulates that the standard of repeated prosecution should be “two same” or “three same.” However, if only a formal review is conducted, the system will be discredited, and if it is subject to substantive review, it may lead to inconsistent judicial decisions in different places; therefore, it is disadvantageous to judicial authority and the understanding and application of the basic system of civil action. In view of this, it is necessary for us to examine whether this constitutes a repeated prosecution.