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.
Collegial panel judges of the Supreme People’s Court for re-trial: He Bo, Sun xiangzhuang, Jia Jingsong (Written by: He Bo, Supreme People’s Court; Translated by: Niu Benlin).
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References
Zhang Weiping, “Frontier Theory of Civil Procedure Law”, Journal of National Prosecutors’ College, 5, 2006.
Shao Ming, Basic Theory of Modern Civil Litigation, Beijing, Law Press, 2011, p. 222.
Nakamura Hideo, Lectures on New Civil Procedure Act, trans. by Chen Gang et al., Beijing, Law Press, 2001, p. 141.
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He, B. (2020). 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. In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-15-0342-9_20
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DOI: https://doi.org/10.1007/978-981-15-0342-9_20
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