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

Abstract

The system of prohibiting repeated litigation plays a significant role in civil liti-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 theoretical analysis of the system of prohibiting repeated litigation, this paper discusses 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 safeguard measures. Drawing on the experience of the two major foreign legal systems, 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 preclusion. It also proposes directions for improving judicial safeguard measures, such as ac-celerating the establishment of a shared case-filing information network plat-form, supplementing guiding cases, and refining the judge's explanation system, so as to promote the continuous improvement of China's system of prohibiting repeated litigation.