Analysis of the pros and cons of the principle of res judicata 30

Updated on society 2024-03-12
4 answers
  1. Anonymous users2024-02-06

    1. What are the legal provisions on the principle of non judice?

    1. The legal provisions of the principle of non judice are as follows:

    1) If a case with the same subject matter of litigation has already been adjudicated by the court of previous litigation, and the judgment has taken effect, and the parties file another lawsuit against it, the court will not accept it;

    2) In a case with the same subject matter of litigation, if the court of first appeal has already accepted the case and is in the process of litigation, but has not yet made an effective judgment, and the parties file a lawsuit again with the court of later appeal, the court of later appeal will not accept it.

    2. Legal basis: Article 127 of the Civil Procedure Law of the People's Republic of China.

    The people's courts are to handle the following lawsuits in separate circumstances:

    1) Where it is within the scope of administrative litigation in accordance with the provisions of the Administrative Litigation Law, inform the plaintiff to initiate an administrative lawsuit;

    2) In accordance with the provisions of law, if the two parties have reached a written arbitration agreement to apply for arbitration and are not allowed to file a lawsuit in the people's court, inform the plaintiff to apply for arbitration to the arbitration institution;

    3) For disputes that should be handled by other organs in accordance with the provisions of law, inform the plaintiff to apply to the relevant organs for resolution;

    4) In cases that are not within the jurisdiction of that court, inform the plaintiff to file a lawsuit with a people's court with jurisdiction;

    5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties file a lawsuit again, inform the plaintiff to apply for a retrial, except for the people's court's ruling to approve the withdrawal of the lawsuit;

    6) In accordance with the provisions of law, cases that must not be prosecuted within a certain period of time shall not be accepted if they are prosecuted within the period of time that must not be prosecuted;

    7) In cases where a judgment does not allow divorce and mediation reconciles the divorce, or in cases where the judgment or mediation maintains the adoption relationship, where there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, it is not to be accepted.

    2. What are the conditions for constituting duplicate prosecutions?

    The conditions that constitute a duplicate prosecution are as follows:

    1. The parties to the later lawsuit are the same as those of the previous lawsuit;

    2. The subject matter of the later lawsuit is the same as that of the previous lawsuit;

    3. The claims of the later lawsuit are the same as those of the previous lawsuit, or the claims of the later lawsuit substantially negate the judgment of the previous lawsuit.

  2. Anonymous users2024-02-05

    Legal analysis: There are the following exceptions to the principle of non judicistan: 1. New facts occur 2. The parties file a lawsuit after withdrawing the lawsuit.

    Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 248: Where new facts arise after a judgment takes legal effect, and the parties file a lawsuit again, the people's court shall accept it in accordance with law. This article deals with the non-application of the principle of non res judicata.

    According to this provision, the condition for a party to initiate a lawsuit again is the occurrence of new facts. The so-called "new facts" refer to facts that occurred after the effective judgment took legal effect, and are not facts that were not ascertained or involved in the original effective judgment, nor are they facts that were not presented by the parties in the original trial. Facts that existed before the conclusion of the original trial, facts that should have been asserted by the parties but were not asserted, are also not new facts.

  3. Anonymous users2024-02-04

    Legal Analysis: The principle of non res judicata refers to the principle that in cases where a judgment or ruling has already taken effect, no further litigation shall be filed except as otherwise provided by law, nor shall it be accepted.

    Legal basis: "Civil Procedure Law of the People's Republic of China" Article 124: People's courts are to handle the following lawsuits in different circumstances: (1) In accordance with the provisions of the Administrative Litigation Law, where it is within the scope of administrative litigation, inform the plaintiff to initiate an administrative lawsuit; (2) In accordance with the provisions of law, if the parties reach a written arbitration agreement to apply for arbitration and are not allowed to file a lawsuit in the people's court, inform the plaintiff to apply to the arbitration institution for arbitration; 3) For disputes that should be handled by other organs in accordance with the provisions of law, inform the plaintiff to apply to the relevant organs for resolution; 4) In cases that are not within the jurisdiction of that court, inform the plaintiff to file a lawsuit with a people's court with jurisdiction; 5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties file a lawsuit again, inform the plaintiff to apply for a retrial, except for the people's court's ruling to approve the withdrawal of the lawsuit; (6) In cases where litigation must not be made within a set period of time in accordance with the provisions of law, and where litigation is initiated within the period of time for which litigation must not be initiated, it is not to be accepted; (7) In divorce cases where a judgment is not granted and mediation is reconciled, or where there are no new circumstances or new reasons for the plaintiff to sue again within six months, it is not to be accepted.

  4. Anonymous users2024-02-03

    The legal provisions of the principle of res judicata are: In a case where a judgment, ruling, or mediation document has already taken legal effect, and the parties file a lawsuit again, the plaintiff shall be notified to apply for a retrial, except for the people's court's ruling to allow the withdrawal of the lawsuit; Cases in which a judgment does not allow a divorce and a divorce that is reconciled through mediation, or a case in which the adoption relationship is maintained through judgment or mediation, where there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, shall not be accepted.

    [Legal basis].Article 124, Paragraph 1 of the Civil Procedure Law.

    Five, seven. The people's courts are to handle the following lawsuits in different circumstances: in cases where the parties sue again in cases where the judgment or ruling has already taken legal effect, inform the plaintiff to apply for a retrial, except where the people's court grants a ruling to allow the withdrawal of the lawsuit; In divorce cases where a judgment does not allow divorce and mediation and reconciliation, or where a judgment or mediation maintains an adoption relationship, where there is no new situation or new reason, and the plaintiff files another lawsuit within six months, it will not be accepted.

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