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Shanghai Tailong Real Estate Development Co., Ltd. & Shen X v. Hainan Qianbo Lecheng Development Co., Ltd. & Jiang X (Dispute over Equity Transfer)—Identification of Multiple Actions in Civil Litigation

Chapter
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)

Abstract

Prohibition of multiple actions means that the parties shall not file an action for the same subject matter of an action that has already been filed. The identification and handling of multiple actions shall take into account and balance the protection of the right to sue, the purpose of the civil litigation system and the purpose and regulation of prohibition of multiple actions. Whether the parties and subject matter are identical in the former and later actions is a general criterion for determining whether it constitutes multiple actions.

References

  1. 1.
    Zhang Weiping, “Frontier Theory of Civil Procedure Law”, Journal of National Prosecutors’ College, 5, 2006.Google Scholar
  2. 2.
    Shao Ming, Basic Theory of Modern Civil Litigation, Beijing, Law Press, 2011, p. 222.Google Scholar
  3. 3.
    Nakamura Hideo, Lectures on New Civil Procedure Act, trans. by Chen Gang et al., Beijing, Law Press, 2001, p. 141.Google Scholar

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

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