Identification and Regulation of Repeated Prosecution in Civil Litigation
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Keywords

Repeated prosecution
Non bis in idem
Identification criteria

DOI

10.36922/ssr.v4i1.1310

Abstract

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.

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