论民事重复诉讼识别规则的适用——以“后诉请求实质上否定前诉裁判结果”要件为对象

Application of Identification Rules of Civil Repetitive Suits——With“Claims in the Latter Action Essentially Deny the Judgement in the Former Action”as the Object

基于禁止重复诉讼的设置目的对"后诉的诉讼请求实质上否定前诉裁判结果"这一要件进行重新解释,其不仅适用于前诉裁判生效后,也可扩大解释适用于前诉系属中。当前诉处于诉讼系属中时,该要件应理解为"如果进行后诉,后诉请求的裁判结果可能会否定前诉请求的裁判结果",其表现形式多为后诉请求直接否定前诉请求或后诉请求与前诉请求争点共通。但为保障当事人的程序权利,需前诉法院及时履行相应的阐明义务。当前诉裁判生效后,除后诉请求直接否定前诉判决主文之外,后诉请求通过否定前诉核心判决理由进而达到否定前诉判决主文目的的,也符合该要件的适用。最后,在适用该要件时,可将"诉讼标的相同"这一要件理解为"同一生活事实"。

Reinterpretation based on the purpose of setting up the prohibition of repetitive suits,the factor“Claims in the Latter Action essentially Deny the Judgement in the Former Action”can be applied whether the former action is in action proceeding or the judgement of former action took effect.When the former action is in action proceeding,it should be understood as"if the latter action is made,the judgement result of latter action may deny the result of the former action”,the main form is the claims in the latter action directly deny the former action or the issue of latter claims is same with the former claims.However,in order to protect the procedural rights of the parties,it is necessary for the former court to fulfill its relevant interpretation obligation in time.When the judgement of former action took effect,in addition to the type that the claims in the latter action directly deny the judgement in the former action,the claims in the latter action deny the judgement in the former action through denying the core judgement reasons in the former action is also regulated by this article.Finally,when applying this article,“the same subject matter of claim”can be interpreted as“the same fact of life”.